ASIC Corporations (General Advice Warning) Instrument 2015/540
I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Grant Moodie
Contents
1 Name of legislative instrument.....................................
2 Commencement................................................
3 Authority.....................................................
4 Definitions....................................................
Part 2—Exemption
5 General advice warning: oral advice................................
Part 3—Declaration
6 General advice warning: legislative drafting clarification................
1 Name of legislative instrument
This instrument is ASIC Corporations (General Advice Warning) Instrument 2015/540.
This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Note: The register may be accessed at www.comlaw.gov.au.
This instrument is made under section 951B of the Corporations Act 2001.
In this instrument:
Act means the Corporations Act 2001.
5 General advice warning: oral advice
A financial services licensee (the providing entity) and an authorised representative (the providing entity) of a financial services licensee do not have to comply with subsection 949A(2) of the Act in relation to the provision of general advice orally to a person (the client) as a retail client provided, at the time of providing the advice, the providing entity orally warns the client that:
(a) the advice is general advice; and
(b) the advice may not be appropriate for the client.
6 General advice warning: legislative drafting clarification
Part 7.7 of the Act applies in relation to all persons as if subsection 949A(4) were modified or varied as follows:
(a) omit “subsection (1)” (twice occurring), substituting “subsection (2)”;
(b) in paragraph (a) omit “personal advice;”, substitute “general advice;”.