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 1021FA   PARAGRAPH 1012G(3)(a) OBLIGATION - OFFENCES RELATING TO COMMUNICATION OF INFORMATION  

1021FA(1)   Offence where information known to be defective.  

A person (the providing entity ) commits an offence if:


(a) the providing entity communicates information required by paragraph 1012G(3) (a) to another person in circumstances in which the providing entity is required to do so; and


(b) the providing entity knows that the information is defective.

Note: A defendant bears an evidential burden in relation to the matters in sections 1012D and 1012E .

1021FA(2)   Offence whether or not information known to be defective.  

A person (the providing entity ) commits an offence if:


(a) the providing entity communicates information required by paragraph 1012G(3) (a) to another person in circumstances in which the providing entity is required to do so; and


(b) the information is defective.

Note: A defendant bears an evidential burden in relation to the matters in sections 1012D and 1012E .

1021FA(3)   [ Strict liability offence]  

For the purposes of an offence based on subsection (2), strict liability applies to the physical element of the offence specified in paragraph (2)(b).

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

1021FA(4)   Defences.  

In any proceedings against a person for an offence based on subsection (1) or (2), it is a defence if the person took reasonable steps to ensure that the information communicated would not be defective.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code .

1021FA(5)   [ Defence based on defective information]  

In any proceedings against a person for an offence based on subsection (2), it is a defence if the information communicated was defective because of information, or an omission from information, provided to the person (whether in a document or otherwise) by the issuer of the financial product concerned.

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


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