Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 7.7 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: Class Order 14/1262: Relief for 31 Day Notice Term Deposits; the ASIC Corporations (Disclosure of Lack of Independence) Instrument 2021/125 (as amended by ASIC Corporations (Amendment) Instrument 2024/554); and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (as amended by ASIC Corporations (Amendment) Instrument 2024/554).
For other legislative instruments or class orders that affect the application of Pt 7.7, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note: Division 7 is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
CCH Note: Subdivision A is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
CCH Note: Section 952I is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; and the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
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
(b) the Financial Services Guide does not comply with section 942A , subsection 942B(5) or 942DA(3) or paragraph 942E (b).
(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
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
(b) the Supplementary Financial Services Guide does not comply with section 943B or 943C .
(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
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
(b) the website disclosure information does not comply with paragraph 943L(2)(b) or 943M(b) .
(iv) makes available, on its website, website disclosure information, reckless as to whether a person will or may rely on the information; and
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 .
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