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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

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

Division 7 - Enforcement    View history reference

Subdivision A - Offences    View history reference

SECTION 1021K  OFFENCE OF UNAUTHORISED ALTERATION OF PRODUCT DISCLOSURE STATEMENT (OR SUPPLEMENTARY PDS)  

 View history reference

1021K(1)  [Alteration resulting in defective statement]  


A person commits an offence if:


(a) the person engages in conduct that results in an alteration of a Product Disclosure Statement or a Supplementary Product Disclosure Statement that has been prepared by or on behalf of another person (the responsible person); and


(b) the alteration results in the Product Disclosure Statement or Supplementary Product Disclosure Statement becoming defective, or more defective than it previously was; and


(c) the alteration is not made with the authority of the responsible person; and


(d) either:


(i) the person, in purported compliance with a provision of this Part, gives (see subsection (2)) the altered Product Disclosure Statement or Supplementary Product Disclosure Statement to another person; or

(ii) the person gives (see subsection (2)), or makes available to, another person the altered Product Disclosure Statement or Supplementary Product Disclosure Statement, reckless as to whether the other person will or may rely on the information in it; or

(iii) the person gives (see subsection (2)), or makes available to, another person the altered Product Disclosure Statement or Supplementary Product Disclosure 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 (i) or (ii).

[CCH Note: For modified s 1021K(1)(a), (b) and (d)(i), (ii) and (iii), see Corporations Regulations Schedule 10BA - Modification of the Act relating to short-form product disclosure statements, Part 3, items 3.19, 3.20 and 3.21]

1021K(2)  [``give'']  


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


 



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