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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

PART 7.7 - FINANCIAL SERVICES DISCLOSURE    View history reference

Division 7 - Enforcement    View history reference

Subdivision A - Offences    View history reference

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

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952J(1)  [ Statement of Advice]  


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) and (3) . See subsection 13.3(3) of the Criminal Code .

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952J(2)  [ Strict liability]  


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)  [ ``give'']  


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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