Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12de:p2
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12DE (pt 2/2)
Character Range: 129556–130534

another person if:
 (a) the person offers to the other person a different rebate, gift, prize or other free item as a replacement; and
 (b) the other person agrees to receive the different rebate, gift, prize or other free item.
 (2D) For the purposes of the application of the Criminal Code in relation to subsection (2A), paragraph (2A)(b) is taken to be a circumstance in which the conduct described in paragraph (2A)(a) occurs.
 (3) For the purposes of the application of the Criminal Code in relation to an offence under subsection 12GB(1), strict liability applies in relation to paragraphs (1)(b) and (2A)(b) and (c) of this section.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3A) Subparagraph (1)(b)(iii) or (2A)(b)(iii) applies whether or not an offer is made before or after the financial product consists of, or includes, an interest in land.
 (4) In this section:
interest, in relation to land, has the same meaning as in subsection 12DC(3).