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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

History

Ch 7 inserted by No 122 of 2001, s 3, Sch 1, Pt 1[1] (effective 11 March 2002).

As Act No 122 of 2001 repealed Ch 7 and 8 the history notes for Ch 7 use "inserted" and references to the former provisions have been removed.

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

History

Pt 7.9 heading amended by No 141 of 2003, s 3, Sch 1[2] (effective 14 January 2004).

Division 7 - Enforcement    View history reference

Subdivision A - Offences    View history reference

SECTION 1021D  OFFENCE OF PREPARER OF DEFECTIVE DISCLOSURE DOCUMENT OR STATEMENT GIVING THE DOCUMENT OR STATEMENT KNOWING IT TO BE DEFECTIVE  

 View history reference

1021D(1)  [Knowing statement defective]  


A person commits an offence if:


(a) the person prepares (or has someone else prepare for them) a disclosure document or statement (not being information required by paragraph 1012G(3)(a)); and
 View history reference


(b) the person knows that the disclosure document or statement is defective; and


(c) the person:


(i) gives (see subsection (3)) another person the disclosure document or statement in circumstances in which it is required by a provision of this Part to be given to the other person; or

(ii) gives (see subsection (3)), or makes available to, another person the disclosure document or statement reckless as to whether the other person will or may rely on the information in it.

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

History

S 1021D(1) (Note) amended by No 101 of 2007, s 3, Sch 1, Pt 1[155] (effective 28 June 2007).

S 1021D(1) (Note) amended by No 103 of 2004, s 3, Sch 7, Pt 3[26] (effective 1 July 2004).

S 1021D(1) amended by No 141 of 2003, s 3, Sch 2[95O] (effective 18 December 2003).

S 1021D(1) inserted by No 122 of 2001, s 3, Sch 1, Pt 1[1] (effective 11 March 2002).

1021D(2)  [Giving defective statement; reckless as to its use]  


A person commits an offence if:


(a) the person prepares (or has someone else prepare for them) a disclosure document or statement (not being information required by paragraph 1012G(3)(a)); and
 View history reference


(b) the person knows that the disclosure document or statement is defective; and


(c) the person gives (see subsection (3)), or makes available to, another person the disclosure document or statement, reckless as to whether the other person, or someone else, will or may give it, or make it available, to another person as mentioned in subparagraph (1)(c)(i) or (ii).

History

S 1021D(2) amended by No 141 of 2003, s 3, Sch 2[95O] (effective 18 December 2003).

S 1021D(2) inserted by No 122 of 2001, s 3, Sch 1, Pt 1[1] (effective 11 March 2002).

1021D(3)  [``give'']  

 View history reference

In this section, give means give by any means (including orally), and is not limited to giving in accordance with section 1015C.

History

S 1021D(3) amended by No 141 of 2003, s 3, Sch 2[95P] (effective 18 December 2003).

S 1021D(3) inserted by No 122 of 2001, s 3, Sch 1, Pt 1[1] (effective 11 March 2002).


 



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