Section 952H — Corporations Act 2001 (Cth)

Obligation

(1) A financial services licensee contravenes this subsection if the licensee does not take reasonable steps to ensure that an authorised representative of the licensee:

(a) complies with their obligations under this Part to give, or make available, disclosure documents or statements as and when required; and

(b) without limiting paragraph (a), does not, in purported compliance with obligations under this Part, give, or make available, disclosure documents or statements that are defective.

Fault‑based offence

(2) A person commits an offence if the person contravenes subsection (1).

Civil liability

(3) A person contravenes this subsection if the person contravenes subsection (1).

Note: This subsection is a civil penalty provision (see section 1317E).

Related sections

• s 952E — Giving a defective disclosure document or statement (whether or not known to be defective)
• s 952F — Offences of financial services licensee knowingly providing defective disclosure material to an authorised representative
• s 952G — Offences of financial services licensee providing disclosure material to an authorised representative (whether or not known to be defective)
• s 952I — Offences if a Financial Services Guide, Supplementary FSG or website disclosure information does not comply with certain requirements
• s 952J — Offence if a Statement of Advice does not comply with certain requirements
• s 952JA — Offence if a Cash Settlement Fact Sheet does not comply with certain requirements

Research how courts apply s 952H

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.