The obligations are in Part 7.8A of the Corporations Act 2001. In summary, an issuer must:
- make a target market determination before any retail investor can acquire the product;
- describe in it the class of investors the product is likely to suit, based on their objectives, financial situation and needs, and the class it is not for;
- set distribution conditions, for example that the product is sold only through advisers or only to people who meet a questionnaire;
- set review triggers, such as a rise in complaints or a change in the product, and review periods;
- keep records of distribution and complaints, and review the determination when a trigger occurs;
- take reasonable steps so that distribution is consistent with the determination.
Distributors, including financial advisers and platforms, have their own duty to take reasonable steps to sell within the target market, and to report complaints and significant dealings outside it to the issuer.