Document ID: chunk:federal_register_of_legislation:F2024C00755:body:0:p2
Version: federal_register_of_legislation:F2024C00755
Segment Type: other
Provision Reference: 
Character Range: 2807–5731

a blank page; and
(b) for the avoidance of doubt, a reference to a Financial Services Guide includes a reference to a Supplementary Financial Services Guide.

Part 2—Determination

5 Requirements for disclosure of lack of independence in a Financial Services Guide
(1) The requirements in this section are specified for the purposes of subparagraphs 942B(2)(fa)(iii) and 942C(2)(ga)(iii) of the Act in relation to a statement in a Financial Services Guide that a providing entity is not independent, impartial or unbiased.
(2) The statement:
(a) must appear on the first substantive page of the Financial Services Guide that contains the statement;
(b) must appear within a box under a bold heading that includes the phrase 'Not Independent", "Lack of Independence", or another phrase of like import;
(c) must be in a font size that is at least the same font size as that predominantly used for other text (if any) in the Financial Services Guide; and
(d) must not appear in a footnote.

6 Requirements for disclosure of lack of independence in website disclosure information
    Part 7.7 of the Act applies as if the provisions of that Part were modified or varied by:
       (a) in section 943J:
(i) after "by the licensee", inserting ", provided that instead of meeting the requirements referred to in subparagraph 942B(2)(fa)(iii), a statement that would be required by paragraph 942B(2)(fa) must meet the requirements referred to in section 943JA"; and
(ii) after "by the authorised representative", inserting ", provided that instead of meeting the requirements referred to in subparagraph 942C(2)(ga)(iii), a statement that would be required by paragraph 942C(2)(ga) must meet the requirements referred to in section 943JA"; and
       (b) after section 943J, inserting;
          "943JA Lack of independence statements to be prominent
       If this section applies to a statement that forms part of website disclosure information, the statement must:
(a) be in a prominent position; and
(b) appear within a box under a bold heading that includes the phrase "Not Independent", "Lack of Independence", or another phrase of like import; and
(c) be in a font size that is at least the same font size as that predominantly used for other text in the website disclosure information; and
(d) not appear in a footnote.".

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each