Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.7 - FINANCIAL SERVICES DISCLOSURE  

Division 7 - Enforcement  

Subdivision A - Offences  

SECTION 952I   OFFENCES IF A FINANCIAL SERVICES GUIDE, SUPPLEMENTARY FSG OR WEBSITE DISCLOSURE INFORMATION DOES NOT COMPLY WITH CERTAIN REQUIREMENTS  

952I(1)    
A financial services licensee commits an offence if:

(a)    the licensee:

(i) gives (see subsection (6) ) a person a Financial Services Guide in circumstances in which it is required by a provision of this Part to be given to the person; or

(ii) gives (see subsection (6) ), or makes available to, a person a Financial Services Guide, reckless as to whether the person will or may rely on the information in it; and

(b)    

the Financial Services Guide does not comply with section 942A , subsection 942B(5) or 942DA(3) or paragraph 942E (b).

952I(2)    
A financial services licensee commits an offence if:

(a)    the financial services licensee authorises the distribution of a Financial Services Guide by an authorised representative of the licensee; and

(b)    

the Financial Services Guide does not comply with section 942A , subsection 942B(5) or 942DA(3) or paragraph 942E(b) .

952I(3)    
A financial services licensee commits an offence if:

(a)    the licensee:

(i) gives (see subsection (6) ) a person a Supplementary Financial Services Guide in circumstances in which it is required by a provision of this Part to be given to the person; or

(ii) gives (see subsection (6) ), or makes available to, a person a Supplementary Financial Services Guide, reckless as to whether the person will or may rely on the information in it; and

(b)    the Supplementary Financial Services Guide does not comply with section 943B or 943C .

952I(4)    
A financial services licensee commits an offence if:

(a)    the financial services licensee authorises the distribution of a Supplementary Financial Services Guide by an authorised representative of the licensee; and

(b)    the Supplementary Financial Services Guide does not comply with section 943B or 943C .

952I(4A)    

A financial services licensee commits an offence if:

(a)    the licensee:

(i) makes available, on its website, website disclosure information, in circumstances in which it is required by a provision of this Part to do so; or

(iv) makes available, on its website, website disclosure information, reckless as to whether a person will or may rely on the information; and

(b)    the website disclosure information does not comply with paragraph 943L(2)(b) or 943M(b) .

952I(4B)    

A financial services licensee commits an offence if:

(a)    the financial services licensee authorises the distribution of website disclosure information by an authorised representative of the licensee; and

(b)    the website disclosure information does not comply with paragraph 943L(2)(b) or 943M(b) .

952I(5)    

For the purposes of an offence based on subsection (1) , (2) , (3) , (4) , (4A) or (4B) , strict liability applies to paragraph (b) of that subsection.

Note: For strict liability , see section 6.1 of the Criminal Code .

952I(6)    
In this section, give means give by any means (including orally), and is not limited to the meaning it has because of section 940C .