Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1018b
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1018B
Character Range: 633377–634215

1018B  Prohibition on advertising personal offers covered by section 1012E

 (1) A person must not advertise an offer, or intended offer, of financial products that would not need a Product Disclosure Statement because of section 1012E.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (2) A person does not contravene subsection (1) by publishing an advertisement or statement if the person:
 (a) publishes it in the ordinary course of a media business; and
 (b) did not know, and had no reason to suspect, that a Product Disclosure Statement was needed.
For this purpose, media has the same meaning as it has in section 1018A.

Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.

Division 5—Cooling‑off periods