Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_952i
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 952I
Character Range: 431023–433489

952I  Offences if a Financial Services Guide (or Supplementary FSG) does not comply with certain requirements

 (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 paragraph 942E(b).

Note: A defendant bears an evidential burden in relation to the matters in subsections 941C(1), (2) and (3). See subsection 13.3(3) of the Criminal Code.

 (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 paragraph 942E(b).

 (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.

Note: A defendant bears an evidential burden in relation to the matters in subsections 941C(1), (2) and (3). See subsection 13.3(3) of the Criminal Code.

 (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.

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

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

 (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.