Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p44
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 44/60)
Character Range: 933786–936601

942C(4)(c) of the Act, the information required in particular situations by paragraph 942C(2)(f) in relation to persons mentioned in paragraph 942C(2)(f) or person 1 (see subregulation (1)) is as set out in subregulations (3), (4) and (5).

If remuneration is ascertainable at the time FSG is given
 (3) The following information is required if the remuneration, commission or other benefits are able to be worked out at the time the Financial Services Guide is given to the client:
 (a) in a case where the remuneration, commission or other benefits are to be received by a person who is a licensed trustee company, either:
 (i) the remuneration, commission or other benefits; or
 (ii) the remuneration, commission or other benefits stated as a percentage of the income from the estate or as a percentage of the capital value of the estate;
 (b) in any other case—the remuneration, commission or other benefits.

If remuneration is not ascertainable at the time FSG is given and personal advice will be given
 (4) If:
 (a) the remuneration (including commission) or other benefits are not able to be ascertained at the time the Financial Services Guide is given to the client; and
 (b) the providing entity reasonably believes that personal advice will be given to the client;
the following information is required:
 (c) either:
 (i) particulars of the remuneration (including commission) or other benefits, including, to the extent relevant, a statement of the range of amounts or rates of remuneration (including commission) or other benefits; or
 (ii) general information about the remuneration (including commission) or other benefits and the manner in which the remuneration (including commission) or other benefits are to be calculated;
 (d) a statement that:
 (i) if the remuneration (including commission) or other benefits are calculable at the time the personal advice is given, the remuneration (including commission) or other benefits the person receives on specified financial products to which the personal advice relates will be disclosed at the time the personal advice is given or as soon as practicable after that time; or
 (ii) if the remuneration (including commission) or other benefits are not calculable at the time the personal advice is given, the manner in which the remuneration (including commission) or other benefits are to be calculated will be disclosed at the time the personal advice is given or as soon as practicable after that time.

If remuneration is not ascertainable at the time FSG is given and personal advice will not be given
 (5) If:
 (a) the remuneration (including commission) or other benefits are not able to be ascertained at the time the Financial Services Guide is given to the client; and
 (b) the providing entity reasonably believes that personal advice will