Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.7 - FINANCIAL SERVICES DISCLOSURE  

Division 7 - Enforcement  

Subdivision A - Offences  

SECTION 952D   OFFENCE OF GIVING A DISCLOSURE DOCUMENT OR STATEMENT KNOWING IT TO BE DEFECTIVE  

952D(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.

952D(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.

952D(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 .