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CORPORATIONS ACT 2001 - SECT 1021F Offence of regulated person (other than preparer) giving disclosure document or statement knowing it to be defective

CORPORATIONS ACT 2001 - SECT 1021F

Offence of regulated person (other than preparer) giving disclosure document or statement knowing it to be defective

  (1)   A regulated person commits an offence if:

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

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

  (c)   the regulated person:

  (i)   gives (see subsection   (2)) 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   (2)), 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.

  (2)   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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