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 7 - Enforcement  

Subdivision A - Offences  

SECTION 1021NA   OFFENCES RELATING TO OBLIGATION TO MAKE PRODUCT DASHBOARD PUBLICLY AVAILABLE  

Failure to comply with obligation to make product dashboard publicly available

1021NA(1)  
A person commits an offence if:


(a) the person is a trustee of a regulated superannuation fund; and


(b) as trustee, the person is required, under section 1017BA , to ensure that a product dashboard for each of the fund ' s MySuper products and choice products is made publicly available on the fund ' s website; and


(c) a product dashboard for each of the fund ' s MySuper products and choice products is not made publicly available as required by that section. Offence where information known to be defective

1021NA(2)  
A person commits an offence if:


(a) the person is a trustee of a regulated superannuation fund; and


(b) a product dashboard is made publicly available on the fund ' s website in purported compliance with section 1017BA ; and


(c) the person knows that:


(i) the information set out in the product dashboard has not been updated as required by that section; or

(ii) the information set out in the product dashboard is otherwise misleading or deceptive; or

(iii) there is an omission from the information set out in the product dashboard.
Offence whether or not information known to be defective

1021NA(3)  
A person commits an offence if:


(a) the person is a trustee of a regulated superannuation fund; and


(b) a product dashboard is made publicly available on the fund ' s website in purported compliance with section 1017BA ; and


(c) either:


(i) the information set out in the product dashboard has not been updated as required by that section; or

(ii) the information set out in the product dashboard is otherwise misleading or deceptive; or

(iii) there is an omission from the information set out in the product dashboard.

1021NA(4)  
For the purposes of an offence based on subsection (3), strict liability applies to the physical element of the offence specified in any of subparagraphs (3)(c)(i) to (iii).

Note: For strict liability, see section 6.1 of the Criminal Code .

Defences

1021NA(5)  
In any proceedings against a trustee of a regulated superannuation fund for an offence based on subparagraph (2)(c)(iii) or (3)(c)(iii), it is a defence if:


(a) the trustee or another trustee of the fund took reasonable steps to ensure that there would not be an omission from the information set out in the product dashboard; or


(b) both of the following apply:


(i) the information was omitted because it was not up to date;

(ii) the trustee or another trustee of the fund took reasonable steps to obtain up-to-date information; or


(c) both of the following apply:


(i) the information was omitted because it would have been misleading or deceptive;

(ii) the trustee or another trustee of the fund took reasonable steps to obtain information that would not have been misleading or deceptive.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3) of the Criminal Code .

1021NA(6)  
In any proceedings against a trustee of a regulated superannuation fund for an offence based on subparagraph (3)(c)(i), it is a defence if the trustee or another trustee of the fund took reasonable steps to ensure that the information set out in the product dashboard was updated as required by section 1017BA .

Note: A defendant bears an evidential burden in relation to the matters in subsection (6). See subsection 13.3(3) of the Criminal Code .

1021NA(7)  
In any proceedings against a trustee of a regulated superannuation fund for an offence based on subparagraph (3)(c)(ii), it is a defence if the trustee or another trustee of the fund took reasonable steps to ensure that the information set out in the product dashboard would not be misleading or deceptive.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7). See subsection 13.3(3) of the Criminal Code .


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