Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1022b:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1022B (pt 1/5)
Character Range: 4534832–4537560

1022B  Civil action for loss or damage
 (1) This section applies in the following situations:
 (a) a person:
 (i) is required by a provision of this Part to give another person (the client) a Product Disclosure Statement or a Supplementary Product Disclosure Statement (the required disclosure document or statement); and
 (ii) does not give (in accordance with section 1015C) the client anything purporting to be the required disclosure document or statement by the time they are required to do so; or
 (aa) a person makes an offer to which Division 5A applies (see section 1019D) to another person (the client) otherwise than by sending the client an offer document in accordance with section 1019E; or
 (ab) a person makes an invitation prohibited by section 1019F to another person (the client); or
 (ac) a person:
 (i) is required by subsection 1019J(2), in relation to an offer made to another person (the client), to send the client a withdrawal document or a supplementary offer document; and
 (ii) does not send (in accordance with paragraphs 1019E(1)(a) and (b)) the client anything purporting to be either of those things by the time they are required to do so; or
 (b) a person:
 (i) is required by paragraph 1012G(3)(a) to orally communicate information (the required disclosure document or statement) to another person (the client); and
 (ii) does not orally communicate to the other person anything purporting to be the information required by that paragraph by the time they are required to do so; or
 (c) a person:
 (i) gives another person (the client) a disclosure document or statement (other than an offer document of a kind referred to in section 1019E or a supplementary offer document of a kind referred to in section 1019J) that is defective in circumstances in which a disclosure document or statement is required by a provision of this Part to be given to the client; or
 (ia) makes an offer to which Division 5A applies (see section 1019D) by sending another person (the client) an offer document in accordance with section 1019E, but that offer document is defective; or
 (ib) in a situation to which section 1019J applies, sends a person (the client) a supplementary offer document in accordance with that section but that supplementary offer document is defective; or
 (ii) is a regulated person and gives, or makes available to, another person (the client) a disclosure document or statement, being a Product Disclosure Statement or a Supplementary Product Disclosure Statement, that is defective, reckless as to whether the client will or may rely on the information in it; or
 (d) a person:
 (i) gives consent to the inclusion of a statement in a Product Disclosure Statement or a Supplementary