Offences if a Financial Services Guide, Supplementary FSG or website disclosure information does not comply with certain requirements
(1) A financial services licensee commits an offence if: (a) the licensee: (i) gives (see subsection (6)) a person a Financial Services Guide in circumstances in which it is required by a provision of this Part to be given to the person; or (ii) gives (see subsection (6)), or makes available to, a person a Financial Services Guide, reckless as to whether the person will or may rely on the information in it; and (b) the Financial Services Guide does not comply with section 942A, subsection 942B(5) or 942DA(3) or paragraph 942E(b). (2) A financial services licensee commits an offence if: (a) the financial services licensee authorises the distribution of a Financial Services Guide by an authorised representative of the licensee; and (b) the Financial Services Guide does not comply with section 942A, subsection 942B(5) or 942DA(3) or paragraph 942E(b). (3) A financial services licensee commits an offence if: (a) the licensee: (i) gives (see subsection (6)) a person a Supplementary Financial Services Guide in circumstances in which it is required by a provision of this Part to be given to the person; or (ii) gives (see subsection (6)), or makes available to, a person a Supplementary Financial Services Guide, reckless as to whether the person will or may rely on the information in it; and (b) the Supplementary Financial Services Guide does not comply with section 943B or 943C. (4) A financial services licensee commits an offence if: (a) the financial services licensee authorises the distribution of a Supplementary Financial Services Guide by an authorised representative of the licensee; and (b) the Supplementary Financial Services Guide does not comply with section 943B or 943C. (4A) A financial services licensee commits an offence if: (a) the licensee: (i) makes available, on its website, website disclosure information, in circumstances in which it is required by a provision of this Part to do so; or (iv) makes available, on its website, website disclosure information, reckless as to whether a person will or may rely on the information; and (b) the website disclosure information does not comply with paragraph 943L(2)(b) or 943M(b). (4B) A financial services licensee commits an offence if: (a) the financial services licensee authorises the distribution of website disclosure information by an authorised representative of the licensee; and (b) the website disclosure information does not comply with paragraph 943L(2)(b) or 943M(b). (5) For the purposes of an offence based on subsection (1), (2), (3), (4), (4A) or (4B), strict liability applies to paragraph (b) of that subsection. Note: For strict liability, see section 6.1 of the Criminal Code. (6) In this section, give means give by any means (including orally), and is not limited to the meaning it has because of section 940C.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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