Document ID: chunk:federal_register_of_legislation:C2025C00185:section:946b:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 946B (pt 2/4)
Character Range: 3930605–3933349

communication specified in regulations made for the purposes of this subparagraph.
Note: Paragraphs 947B(2)(b) and 947C(2)(b) require a Statement of Advice to include information about the basis on which the advice is or was given, which may include the client's relevant personal circumstances, in which case paragraph (b) of this subsection would be satisfied.
 (2) For the purposes of subsection (1):
able to be traded on a licensed market means:
 (a) in relation to securities, managed investment products or foreign passport fund products—either:
 (i) the securities or products are admitted to quotation on a licensed market and their admission to quotation is not suspended; or
 (ii) the securities or products are not admitted to quotation on a licensed market, but are further securities or products of a kind that are already admitted to quotation on the market and whose admission to quotation is not suspended; and
 (b) in relation to derivatives:
 (i) the standard terms of the arrangement that constitutes the derivative are set out in the operating rules of a licensed market; and
 (ii) under the operating rules of that market, the derivatives are able to be dealt with on the market.
cash management facility means:
 (a) an interest in a registered scheme or a notified foreign passport fund of a kind commonly known as a cash common fund or a cash management trust; or
 (b) a basic deposit product; or
 (c) a bank accepted bill.
cash management facility advice means advice about the use (but not the establishment) of a cash management facility in connection with an acquisition or disposal of securities, managed investment products, foreign passport fund products or derivatives to which the further market‑related advice relates.
 (3) However, in the same communication as is used to provide the further market‑related advice to the client, the client must be given the information that would, if a Statement of Advice were to be given, be required to be in the Statement by paragraphs 947B(2)(d) and (e), or 947C(2)(e) and (f), as the case requires.
 (3A) The providing entity must keep a record of the further market‑related advice and, in doing so, must comply with any applicable requirements of regulations made for the purposes of this subsection.
Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1)).
Note 2: For the client's right to a record of the advice, see subsections 942B(8) and 942C(8).

Certain basic deposit and other products
 (5) The providing entity does not have to give the client a Statement of Advice if the advice relates to any or all of the following:
 (a) a basic deposit product;
 (b) a facility for making non‑cash payments that is related to a basic deposit