Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 942DA(1) of the Act, this regulation specifies the circumstances in which a Financial Services Guide and a Product Disclosure Statement may be combined in a single document.
(1B) This regulation does not apply if the Product Disclosure Statement is for a standard margin lending facility.
(1C) This regulation does not apply if the Product Disclosure Statement is for a superannuation product to which Subdivision 4.2B of Division 4 of Part 7.9 applies.
(1D) This regulation does not apply if the Product Disclosure Statement is for:
(a) a simple managed investment scheme to which Subdivision 4.2C of Division 4 of Part 7.9 applies; or
(b) a simple sub - fund product to which Subdivision 4.2D of Division 4 of Part 7.9 applies.
(2) A combined Financial Services Guide and Product Disclosure Statement may be issued as a single document if:
(a) the providing entity for the financial service and the product issuer for a product issued in relation to that financial service are the same person; and
(b) the document is divided into 2 separate parts:
(i) a part identifiable as a Financial Services Guide that satisfies the requirements under the Act for a Financial Services Guide; and
(ii) a part identifiable as a Product Disclosure Statement that satisfies the requirements for a Product Disclosure Statement; and
(c) the title 'Combined Financial Services Guide and Product Disclosure Statement' is marked on or near the front of the document; and
(d) the document is provided to a client at the earlier of the time at which a Financial Services Guide must be provided and the time at which a Product Disclosure Statement must be provided.
(3) A combined Financial Services Guide and Product Disclosure Statement may be issued as a single document if:
(a) the providing entity for the financial service is a representative or a related body corporate of the product issuer; and
(b) the product is only a basic deposit product, a non - cash payment facility that is related to a basic deposit product, a general insurance product or a life risk insurance product; and
(c) the document is divided into 2 separate parts:
(i) a part identifiable as a Financial Services Guide that satisfies the requirements under the Act for a Financial Services Guide; and
(ii) a part identifiable as a Product Disclosure Statement that satisfies the requirements for a product Disclosure Statement; and
(d) the title 'Combined Financial Services Guide and Product Disclosure Statement' is marked on or near the front of the document; and
(e) the document clearly and prominently discloses:
(i) the identity of the providing entity and the product issuer; and
(ii) the nature of the relationship between the providing entity and the product issuer; and
(iii) the liability of the providing entity and the product issuer in relation to the document; and
(f) the document is provided to a client at the earlier of the time at which a Financial Services Guide must be provided and the time at which a Product Disclosure Statement must be provided.
(a) the Financial Services Guide and the Product Disclosure Statement may provide for matters by the use of cross - references to each other rather than by fully setting out material; and
(b) if the document includes cross - references:
(i) the document as a whole must include all of the information required by subsections 942B(6A) and 1013C(3) of the Act; and
(ii) the use of the cross - references must not have the effect
that the document is misleading or deceptive.