Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1022b:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1022B (pt 2/5)
Character Range: 4537332–4540273

Statement, that is defective, reckless as to whether the client will or may rely on the information in it; or
 (d) a person:
 (i) gives consent to the inclusion of a statement in a Product Disclosure Statement or a Supplementary Product Disclosure Statement as mentioned in subsection 1021L(1), disregarding paragraph 1021L(1)(c); or
 (ii) does not take reasonable steps to withdraw such a statement as mentioned in subsection 1021L(2), disregarding subparagraphs 1021L(2)(b)(iii) and (iv); or
 (e) a person contravenes section 1017B or 1017D; or
 (f) a person is required by section 1017BA to make information publicly available on a regulated superannuation fund's website and any of the following circumstances apply:
 (i) the information is not made publicly available as required by that section;
 (ii) the information made publicly available is not updated as required by that section;
 (iii) the information made publicly available is misleading or deceptive;
 (iv) there is an omission from the information made publicly available; or
 (g) a person is required by section 1017BB to make information publicly available on a registrable superannuation entity's website and any of the following circumstances apply:
 (i) the information is not made publicly available as required by that section;
 (ii) the information made publicly available is misleading or deceptive;
 (iii) there is an omission from the information made publicly available.
In paragraph (c), give means give by any means (including orally), and is not limited to giving in accordance with section 1015C or paragraph 1012G(3)(a).
 (2) In a situation to which this section applies, if a person suffers loss or damage:
 (a) if paragraph (1)(a) applies—because the client was not given the disclosure document or statement that they should have been given; or
 (aa) if paragraph (1)(aa) applies—because the client was not sent an offer document in accordance with section 1019E; or
 (ab) if paragraph (1)(ab) applies—because the client received an invitation prohibited by section 1019F rather than being sent an offer document in accordance with section 1019E; or
 (ac) if paragraph (1)(ac) applies—because the client was not sent a withdrawal document or a supplementary offer document as required by subsection 1019J(2); or
 (b) if paragraph (1)(b) applies—because the information required by paragraph 1012G(3)(a) was not communicated to the client; or
 (c) if paragraph (1)(c) applies—because the disclosure document or statement the client was given or sent was defective; or
 (d) if paragraph (1)(d) applies—because the consent referred to in that paragraph was given, or was not withdrawn, as the case requires; or
 (e) if paragraph (1)(e) applies—because of the contravention referred to in that paragraph; or
 (f) if paragraph (1)(f) or (g) apply—because of any of the circumstances mentioned in those paragraphs;
the person may recover the amount of the loss