Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021 (19 of 2021)

Schedule 2   Disclosure of lack of independence

Corporations Act 2001

9   In the appropriate position in Chapter 10

Insert:

Part 10.47 - Application and transitional provisions relating to Schedule 2 to the Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021

1674 Application of disclosure of lack of independence reforms

The amendments made by Schedule2 to the Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021 apply in relation to a financial service provided on or after 1 July 2021.

1674A Obligation to give updated Financial Services Guide

(1) If:

(a) the providing entity has given a Financial Services Guide to the client under section 941A or 941B before 1 July 2021; and

(b) the providing entity will provide a financial service to the client on or after 1 July 2021; and

(c) paragraph 942B(2)(fa) or 942C(2)(ga), as inserted by Schedule 2 to the Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021, applies in relation to the providing entity and the financial service;

the providing entity must, before the financial service is provided to the client, give the client:

(d) another Financial Services Guide that contains the statement required by whichever of the paragraphs referred to in paragraph (c) of this subsection is applicable; or

(e) a Supplementary Financial Services Guide that contains that statement.

(2) Subsections 941A(1) and 941B(1) apply as if the reference in those subsections to "this Division" included a reference to this section.