Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.7 - FINANCIAL SERVICE DISCLOSURE  

Division 1 - Preliminary  

REGULATION 7.7.01   HOW DOCUMENTS, INFORMATION AND STATEMENTS ARE TO BE GIVEN  

7.7.01(1)   [ Giving of general advice]  

For subsection 940C(3) of the Act:

(a) if general advice is given orally in a public forum, information that subsection 941C(5) of the Act requires to be given must be given orally; and

(b) if general advice is given in electronic form in a public forum, information that subsection 941C(5) of the Act requires to be given must be given in electronic form; and

(c) if general advice is given in writing (otherwise than in electronic form) in a public forum, information that subsection 941C(5) of the Act requires to be given must be given in writing; and

(d) if general advice is given in any other manner in a public forum, information that subsection 941C(5) of the Act requires to be given must be given in the same manner.

7.7.01(2)   [ Making a Guide or Statement available]  

For paragraph 940C(7)(a) of the Act, a Financial Services Guide and a Statement of Advice may be given to a person in either of the following ways:

(a) making the Guide or Statement available to the person in any way that:

(i) is agreed to by the person; and

(ii) allows the regulated person to be satisfied, on reasonable grounds, that the person has received the Guide or Statement;

(b) making the Guide or Statement available to the person's agent in any way that:

(i) is agreed to by the agent; and

(ii) allows the regulated person to be satisfied, on reasonable grounds, that the agent has received the Guide or Statement.

7.7.01(3)   [ Access to electronic form]  

For paragraph 940C(7)(b) of the Act, a document, information or statement that is to be given in electronic form must, as far as practicable, be presented in a way that will allow the person to whom it is given to keep a copy of it so that the person can have ready access to it in the future.

7.7.01(4)   [ Identification of information]  

A document or statement that is to be given in electronic form must be presented in a way that clearly identifies the information that is part of the document or statement.