Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person (the providing entity ), being a financial services licensee, commits an offence if:
(a) the providing entity:
(i) gives (see subsection (3)) another person a disclosure document or statement in circumstances in which the document or statement is required by a provision of this Part to be given to the other person; or
(ii) is a financial services licensee and gives (see subsection (3)), or makes available to, another person a disclosure document or statement, being a Financial Services Guide or a Supplementary Financial Services Guide, reckless as to whether the other person will or may rely on the information in it; and
(b) the providing entity knows that the disclosure document or statement is defective.
Note: A defendant bears an evidential burden in relation to the matters in subsections 941C(1), (2), (3) and (3A). See subsection 13.3(3) of the Criminal Code .
(2) An authorised representative of a financial services licensee commits an offence if:
(a) the representative:
(i) gives (see subsection (3)) a person a disclosure document or statement in circumstances in which the document or statement is required by a provision of this Part to be given to the person; or
(ii) gives (see subsection (3)), or makes available to, a person a disclosure document or statement, being a Financial Services Guide or a Supplementary Financial Services Guide, reckless as to whether the person will or may rely on the information in it; and
(b) the representative knows that the disclosure document or statement is defective.
Note: A defendant bears an evidential burden in relation to the matters in subsections 941C(1), (2), (3) and (3A). See subsection 13.3(3) of the Criminal Code .
(3) In this section, give means give by any means (including orally), and is not limited to the meaning it has because of section 940C.