Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE, SALE AND PURCHASE OF FINANCIAL PRODUCTS  

Division 4 - Advertising for financial products  

SECTION 1018B   PROHIBITION ON ADVERTISING PERSONAL OFFERS COVERED BY SECTION 1012E  

1018B(1)   [ Offence]  

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) ).

1018B(2)   [ Publisher not liable]  

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 .


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