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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12DH

Referral selling

  (1)   A person must not, in trade or commerce, induce a consumer to acquire financial services by representing that the consumer will, after the contract to acquire the services is made, receive a rebate, commission or other benefit in return for:

  (a)   giving the person the names of prospective customers; or

  (b)   otherwise assisting the person to supply financial services to other consumers;

if receipt of the rebate, commission or other benefit is contingent on an event occurring after that contract is made.

Note:   Failure to comply with this subsection is an offence (see section   12GB).

  (2)   An offence under subsection   12GB(1) relating to subsection   (1) of this section is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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