Document ID: chunk:federal_register_of_legislation:C2025C00185:section:953a:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 953A (pt 2/2)
Character Range: 3994285–3996694

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 date) is not complied with in relation to a Financial Services Guide, then, for the purposes of the definition of defective in subsection (1):
 (a) if the circumstance constituting the non‑compliance is that particular information included in the Financial Services Guide is not as up to date as section 941E requires it to be—the information so included constitutes a misleading statement in the Financial Services Guide; and
 (b) if the circumstance constituting the non‑compliance is a failure to include particular information that was not previously required to be included in the Financial Services Guide—the failure to include the information constitutes an omission from the Statement of material required by section 942B or 942C.
Note: The effect of section 943D (information in a Supplementary Financial Services Guide is taken to be contained in the Financial Services Guide it supplements) must be taken into account in determining whether section 941E is complied with in relation to a Financial Services Guide.
 (1B) For the avoidance of doubt, if section 943L (obligation to keep website disclosure information up to date) is not complied with in relation to website disclosure information, then, for the purposes of the definition of defective in subsection (1):
 (a) if the circumstance constituting the non‑compliance is that particular information included in the website disclosure information is not as up to date as section 943L requires it to be—the information so included constitutes a misleading statement in the website disclosure information; and
 (b) if the circumstance constituting the non‑compliance is a failure to include particular information that was not previously required to be included in the website disclosure information—the failure to include the information constitutes an omission from the website disclosure information.
 (2) In this Subdivision, a reference (including in the definitions in subsection (1)) to a document or statement of a kind referred to in a paragraph of the definition of disclosure document or statement in subsection (1) includes a reference to something purporting to be a document or statement of that kind.