Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_952k
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 952K
Character Range: 434440–435370

952K  Offence if authorised representative gives out unauthorised Financial Services Guide (or Supplementary FSG)

  An authorised representative of a financial services licensee commits an offence if:
 (a) the representative:
 (i) gives a person a Financial Services Guide, or 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, or makes available to, a person a Financial Services Guide, or a Supplementary Financial Services Guide, reckless as to whether the person will or may rely on the information in it; and
 (b) the licensee has not authorised the distribution by the representative of the Financial Services Guide or the Supplementary Financial Services Guide.

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.