Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p33
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 33/60)
Character Range: 905226–907842

the client; and
 (B) is provided by the providing entity for that financial product; or
 (ii) there is no issue or sale of any financial product during the telephone call.
Note: The providing entity must meet obligations under the Act in relation to the telephone call such as the prohibition of hawking in sections 992A and 992AA of the Act and the requirements for Product Disclosure Statements in Part 7.9 of the Act.
 (4A) If general advice is provided during a telephone call in accordance with paragraph (4)(d), the providing entity must tell the client that:
 (a) a Financial Services Guide exists; and
 (b) the provider will send out a Financial Services Guide on request.
Note: The providing entity is not required to tell the client that a Financial Services Guide exists or that the provider will send out a Financial Services Guide on request if the provider makes website disclosure information available in accordance with Division 2A of Part 7.7 of the Act (see subsection 941C(5A) of the Act).
 (5) If subregulation (4) applies and the providing entity does not give a Financial Services Guide to the client when the advice is provided, the providing entity must give to the client:
 (a) the information that would be required to be in the Financial Services Guide by paragraphs 942B(2)(a), (e) and (f) of the Act; or
 (b) the information that would be required to be in the Financial Services Guide by paragraphs 942C(2)(a), (c), (f) and (g) of the Act;
as the case requires.
Note: If general advice is provided to 1 or more retail clients, the providing entity must comply with section 949A of the Act.
 (5A) For subsection 941C(8) of the Act, a Financial Services Guide does not have to be given to a client in the following circumstances:
 (a) the advice is provided in circumstances in which section 1018A of the Act applies or will apply at the end of the transition period;
 (b) the advice is only general advice in relation to a financial product that is, or a class of financial products that includes, a financial product issued by the product issuer;
 (c) the advice is in the form of advertising the financial product:
 (i) on a billboard or a poster; or
 (ii) in the media within the meaning of subregulation 7.6.01(7);
 (d) the advertisement indicates that a person should consider whether or not the product is appropriate for the person.
 (5B) For subsection 941C(8) of the Act, a Financial Services Guide does not have to be given to a client in the following circumstances:
 (a) the providing entity is an issuer of derivatives that are able to be traded on a financial market;
 (b)