CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.7 - FINANCIAL SERVICES DISCLOSURE  

Division 7 - Enforcement  

Subdivision A - Offences  

SECTION 952J   OFFENCE IF A STATEMENT OF ADVICE DOES NOT COMPLY WITH CERTAIN REQUIREMENTS  

952J(1)  
A financial services licensee, or an authorised representative of a financial services licensee, commits an offence if:


(a) the licensee or representative gives (see subsection (3)) a person a Statement of Advice in circumstances in which it is required by a provision of this Part to be given to the person; and


(b) the Statement of Advice does not comply with section 947A or 947E .

Note: A defendant bears an evidential burden in relation to the matters in subsections 941C(1) , (2) , (3) and (3A) . See subsection 13.3(3) of the Criminal Code .

952J(2)  
For the purposes of an offence based on subsection (1), strict liability applies to paragraph (b) of that subsection.

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

952J(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 .


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