Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1021m
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1021M
Character Range: 4517697–4519309

1021M  Offences relating to keeping and providing copies of Product Disclosure Statements (or Supplementary PDSs)

Strict liability offence
 (1) A person commits an offence if:
 (a) the person is required by section 1015D:
 (i) to notify ASIC that a Product Disclosure Statement or a Supplementary Product Disclosure Statement is in use; or
 (ii) to keep a copy of a Product Disclosure Statement or a Supplementary Product Disclosure Statement for a particular period; or
 (iii) to make a copy of a Product Disclosure Statement or a Supplementary Product Disclosure Statement available to ASIC; or
 (iv) to comply with a request from a person for a copy of a Product Disclosure Statement or a Supplementary Product Disclosure Statement; and
 (b) the person does not comply with that requirement.
 (2) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Ordinary offence
 (3) A person commits an offence if:
 (a) the person is required by section 1015D:
 (i) to notify ASIC that a Product Disclosure Statement or a Supplementary Product Disclosure Statement is in use; or
 (ii) to keep a copy of a Product Disclosure Statement or a Supplementary Product Disclosure Statement for a particular period; or
 (iii) to make a copy of a Product Disclosure Statement or a Supplementary Product Disclosure Statement available to ASIC; or
 (iv) to comply with a request from a person for a copy of a Product Disclosure Statement or a Supplementary Product Disclosure Statement; and
 (b) the person does not comply with that requirement.