Commonwealth Consolidated Acts

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Prohibition on advertising personal offers covered by section 1012E

  (1)   A person must not advertise an offer, or intended offer, of financial products that would not need a Product Disclosure Statement because of section   1012E .

Note:   Failure to comply with this subsection is an offence (see subsection   1311(1)).

  (2)   A person does not contravene subsection   (1) by publishing an advertisement or statement if the person:

  (a)   publishes it in the ordinary course of a media business; and

  (b)   did not know, and had no reason to suspect, that a Product Disclosure Statement was needed.

For this purpose, media has the same meaning as it has in section   1018A.

Note:   A defendant bears an evidential burden in relation to the matters in this section. See subsection   13.3(3) of the Criminal Code.

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