Corporations Amendment Regulations 2003 (No. 11) (369 of 2003)

Schedule 1   Amendments commencing on gazettal

[6]   Part 7.7, after Division 2

insert

Division 2A Combined Financial Services Guide and Product Disclosure Statement

7.7.08A Combined Financial Services Guide and Product Disclosure Statement

(1) For subsection 942DA (1) of the Act, this regulation specifies the circumstances in which a Financial Services Guide and a Product Disclosure Statement may be combined in a single document.

(2) A combined Financial Services Guide and Product Disclosure Statement may be issued as a single document if:

(a) the providing entity for the financial service and the product issuer for a product issued in relation to that financial service are the same person; and

(b) the document is divided into 2 separate parts:

(i) a part identifiable as a Financial Services Guide that satisfies the requirements under the Act for a Financial Services Guide; and

(ii) a part identifiable as a Product Disclosure Statement that satisfies the requirements for a Product Disclosure Statement; and

(c) the title 'Combined Financial Services Guide and Product Disclosure Statement' is marked on or near the front of the document; and

(d) the document is provided to a client at the earlier of the time at which a Financial Services Guide must be provided and the time at which a Product Disclosure Statement must be provided.

(3) A combined Financial Services Guide and Product Disclosure Statement may be issued as a single document if:

(a) the providing entity for the financial service is a representative or a related body corporate of the product issuer; and

(b) the product is only a basic deposit product, a non-cash payment facility that is related to a basic deposit product, a general insurance product or a life risk insurance product; and

(c) the document is divided into 2 separate parts:

(i) a part identifiable as a Financial Services Guide that satisfies the requirements under the Act for a Financial Services Guide; and

(ii) a part identifiable as a Product Disclosure Statement that satisfies the requirements for a product Disclosure Statement; and

(d) the title 'Combined Financial Services Guide and Product Disclosure Statement' is marked on or near the front of the document; and

(e) the document clearly and prominently discloses:

(i) the identity of the providing entity and the product issuer; and

(ii) the nature of the relationship between the providing entity and the product issuer; and

(iii) the liability of the providing entity and the product issuer in relation to the document; and

(f) the document is provided to a client at the earlier of the time at which a Financial Services Guide must be provided and the time at which a Product Disclosure Statement must be provided.

(4) For the single document:

(a) the Financial Services Guide and the Product Disclosure Statement may provide for matters by the use of cross-references to each other rather than by fully setting out material; and

(b) if the document includes cross-references:

(i) the document as a whole must include all of the information required by subsections 942B (6A) and 1013C (3) of the Act; and

(ii) the use of the cross-references must not have the effect that the document is misleading or deceptive.