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CORPORATIONS ACT 2001 - SECT 952D

Offence of giving a disclosure document or statement knowing it to be defective

             (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.



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