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CORPORATIONS ACT 2001 - SECT 1021I

Offence of giving disclosure document or statement that has not been prepared by the appropriate person

  (1)   A regulated person commits an offence if:

  (a)   the regulated person:

  (i)   gives (see subsection   (2)) another person a disclosure document or statement (not being information required by paragraph   1012G(3)(a)) in circumstances in which it is required by a provision of this Part to be given to the other person; or

  (ii)   gives (see subsection   (2)), or makes available to, another person a disclosure document or statement (not being information required by paragraph   1012G(3)(a)), reckless as to whether the other person will or may rely on the information in it; and

  (b)   the disclosure document or statement has not been prepared by, or on behalf of, the person required by section   1013A to prepare it.

Note:   A defendant bears an evidential burden in relation to the matters in sections   1012D, 1012DAA, 1012DA and 1012E.

  (2)   In this section, give means give by any means (including orally), and is not limited to giving in accordance with section   1015C.


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