Document ID: chunk:federal_register_of_legislation:C2025C00185:section:941c:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 941C (pt 2/3)
Character Range: 3885881–3888658

to give the client a Financial Services Guide if:
 (a) the providing entity is the responsible entity of a registered scheme; and
 (b) the financial service consists only of the operation of that scheme by the providing entity.

Providing entity is merely operating a notified foreign passport fund
 (3A) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the providing entity is the operator of a notified foreign passport fund; and
 (b) the financial service consists only of the operation of that fund by the operator.

Providing entity is merely providing a superannuation trustee service
 (3B) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the providing entity is the trustee of a registrable superannuation entity; and
 (b) the financial service consists only of a superannuation trustee service.

Financial product advice given to the public
 (4) The providing entity does not have to give the client a Financial Services Guide if the financial service is general advice provided to the public, or a section of the public, in the manner prescribed by regulations made for the purposes of this subsection.
 (5) However, if subsection (4) applies and the client is not given a Financial Services Guide before the advice is provided, the client must instead, before the advice is provided, be given the information that would be required to be in the Financial Services Guide by paragraphs 942B(2)(a), (e) and (f), or paragraphs 942C(2)(a), (c), (f) and (g), as the case requires.

Financial product advice—information is publicly available on providing entity's website
 (5A) The providing entity does not have to give the client a Financial Services Guide if:
 (a) the financial service provided to the client is financial product advice; and
 (b) by the time the providing entity would otherwise be required to give the client a Financial Services Guide:
 (i) the providing entity has made website disclosure information (see Division 2A), or something purporting to be website disclosure information, available on its website; and
 (ii) the providing entity has not given (within the meaning of section 940C) the client a Financial Services Guide, or something purporting to be a Financial Services Guide.

Certain basic deposit and other products
 (6) The providing entity does not have to give the client a Financial Services Guide if the financial service is a dealing in, is the provision of financial product advice about, or in any other way relates to, any of the following:
 (a) a basic deposit product;
 (b) a facility for making non‑cash payments that is related to a basic deposit product;
 (c) a financial product of a kind prescribed by regulations made for the purposes of