Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_953a
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 953A
Character Range: 438471–440977

953A  Definitions

 (1) In this Subdivision:

defective, in relation to a disclosure document or statement, means:
 (a) if the disclosure document or statement is a Financial Services Guide, a Supplementary Financial Services Guide, or is information or a statement required by subsection 941C(5), 941C(7) or 941D(2):
 (i) there is a misleading or deceptive statement in the disclosure document or statement; or
 (ii) if it is a Financial Services Guide—there is an omission from the Financial Services Guide of material required by section 942B or 942C; or
 (iii) if it is a Supplementary Financial Services Guide that is given for the purposes of paragraph 941F(d)—there is an omission from the Supplementary Financial Services Guide of material required by that paragraph; or
 (iv) if it is information or a statement required by subsection 941C(5), 941C(7) or 941D(2)—there is an omission from the document or statement of material required by that subsection; or
 (b) if the disclosure document or statement is a Statement of Advice, or is information or a statement required by subsection 946B(3), 946B(6) or 946C(2) or by section 950D or 950E:
 (i) there is a misleading or deceptive statement in the disclosure document or statement; or
 (ii) if it is a Statement of Advice—there is an omission from the Statement of Advice of material required by section 947B, 947C or 947D; or
 (iii) if it is information or a statement required by subsection 946B(3), 946B(6) or 946C(2) or by section 950D or 950E—there is an omission from the information or statement of material required by that subsection or section.

Note: In determining whether a Financial Services Guide is defective, the effect of section 943D must be taken into account (section 943D takes information and statements in a Supplementary Financial Services Guide to be included in the Financial Services Guide it supplements).

disclosure document or statement means:
 (a) a Financial Services Guide; or
 (b) a Supplementary Financial Services Guide; or
 (c) a Statement of Advice; or
 (d) information or a statement required by subsection 941C(5), 941C(7), 941D(2), 946B(3), 946B(6) or 946C(2) or by section 950D or 950E.

 (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.