Document ID: chunk:federal_register_of_legislation:C2025C00185:section:953a:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 953A (pt 1/2)
Character Range: 3991694–3994513

953A  Meaning of defective and disclosure document or statement
 (1) In this Subdivision:
defective, in relation to a disclosure document or statement, means:
 (a) if the disclosure document or statement is a Financial Services Guide, a Supplementary Financial Services Guide, website disclosure information, or is information or a statement required by subsection 941C(5), 941C(7) or 941D(2):
 (i) there is a misleading or deceptive statement in the disclosure document or statement; or
 (ii) if it is a Financial Services Guide—there is an omission from the Financial Services Guide of material required by section 942B or 942C; or
 (iii) if it is a Supplementary Financial Services Guide that is given for the purposes of paragraph 941F(d)—there is an omission from the Supplementary Financial Services Guide of material required by that paragraph; or
 (iiia) if it is website disclosure information—there is an omission from the document or statement of information that falls within the definition of website disclosure information in section 943J; or
 (iv) if it is information or a statement required by subsection 941C(5), 941C(7) or 941D(2)—there is an omission from the document or statement of material required by that subsection; or
 (b) if the disclosure document or statement is a Statement of Advice, a Cash Settlement Fact Sheet, or information, a statement or a copy of a record required by subsection 946AA(5), 946B(3), (6) or (8) or 946C(2):
 (i) there is a misleading or deceptive statement in the disclosure document or statement; or
 (ii) if it is a Statement of Advice—there is an omission from the Statement of Advice of material required by section 947B, 947C or 947D; or
 (iia) if it is a Cash Settlement Fact Sheet—there is an omission from the Cash Settlement Fact Sheet of material required by section 948F; or
 (iii) if it is information, a statement or a copy of a record required by subsection 946AA(5), 946B(3), (6) or (8) or 946C(2)—there is an omission from the information, statement or copy of material required by that subsection or section.
Note: In determining whether a Financial Services Guide is defective, the effect of section 943D must be taken into account (section 943D takes information and statements in a Supplementary Financial Services Guide to be included in the Financial Services Guide it supplements).
disclosure document or statement means:
 (a) a Financial Services Guide; or
 (b) a Supplementary Financial Services Guide; or; or
 (ba) website disclosure information; or
 (c) a Statement of Advice; or
 (ca) a Cash Settlement Fact Sheet; or
 (d) information, a statement or a copy of a record required by subsection 941C(5) or (7), 941D(2), 946AA(5), 946B(3), (6) or (8) or 946C(2).
 (1A) For the avoidance of doubt, if section 941E (information must be up to