Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_942b:p2
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 942B (pt 2/3)
Character Range: 370568–373403

the providing entity provides financial services, and about how that system may be accessed; and
 (i) if the providing entity acts under a binder in providing any of the authorised services—a statement that:
 (i) identifies the services provided under the binder; and
 (ii) states that they are provided under a binder; and
 (iii) explains the significance of the services being provided under a binder; and
 (j) if the providing entity is a participant in a licensed market or a licensed CS facility—a statement that the providing entity is a participant in that market or facility; and
 (k) any other statements or information required by the regulations.

Note: A Supplementary Financial Services Guide containing additional information may be given with a Financial Services Guide that does not contain all the required information. The additional information is taken to be included in the Financial Services Guide (see section 943D.)

 (3) Subject to subsection (4), the level of information about a matter that is required is such as a person would reasonably require for the purpose of making a decision whether to acquire financial services from the providing entity as a retail client.

 (4) The regulations may provide all or any of the following:
 (a) that a provision of subsection (2) does not apply in a particular situation;
 (b) that particular information is not required by a provision of subsection (2), either in a particular situation or generally;
 (c) a more detailed statement of the information that is required by a provision of subsection (2), either in a particular situation or generally;
 (d) that certain supplementary information must be given or made available to the client in some other way.

 (5) The Financial Services Guide must be dated. The date must be the date on which the Financial Services Guide was prepared or its preparation was completed.

 (6) The Financial Services Guide may also contain other information.

 (6A) The information included in the Financial Services Guide must be worded and presented in a clear, concise and effective manner.

 (7) The regulations may require the providing entity, in circumstances specified in the regulations, to provide the client, on request, with more detailed information about remuneration (including commission) or other benefits of a kind referred to in paragraph (2)(e).

 (8) If:
 (a) the Financial Services Guide includes a statement to the effect that a client may request a record of execution‑related telephone advice; and
 (b) the client is provided with execution‑related telephone advice to which that statement applies; and
 (c) the client has not already been provided with a record of that advice;
the providing entity must comply with a request made in accordance with that statement for a record of that advice.

Note: Failure