(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.