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 2A - Website disclosure for financial product advice provided to a retail client  

SECTION 943G   OBLIGATION ON FINANCIAL SERVICES LICENSEE TO MAKE WEBSITE DISCLOSURE INFORMATION AVAILABLE  

943G(1)    
A financial services licensee (the providing entity ) must make website disclosure information available on its website in accordance with this Division if the providing entity provides financial product advice to a person as a retail client.

943G(2)    
However, subsection (1) does not apply if:

(a)    disregarding subsection 941C(5A) , the providing entity is not required by a provision of this Part to give the client a Financial Services Guide in accordance with Division 2 in relation to the financial product advice; or

(b)    the providing entity gives (within the meaning of section 940C ) the client a Financial Services Guide, or something purporting to be a Financial Services Guide, by the time they are required by this Part to do so.

943G(3)    
A person contravenes this subsection if the person contravenes subsection (1) .

Note: This subsection is a civil penalty provision (see section 1317E ).

Interaction with section 941A

943G(4)    
If conduct constitutes a contravention of subsection (3) and subsection 941A(3) , proceedings may be started against a person in relation to the contravention of either or both of those subsections.

943G(5)    
However, the person is not liable to more than one pecuniary penalty in relation to the same conduct.