Document ID: chunk:federal_register_of_legislation:C2017A00007:clause:1_922m
Version: federal_register_of_legislation:C2017A00007
Segment Type: clause
Provision Reference: sch 1 cl 922M
Character Range: 64356–65681

922M  Offence for failing to comply with obligation to notify ASIC
 (1) A person commits an offence if:
 (a) the person is required to cause a notice to be lodged under a notice provision; and
 (b) the person fails to cause the notice to be lodged in accordance with that provision.
Note: A notice must be lodged in accordance with section 922L in order to be lodged in accordance with a notice provision (see subsection (1) of the notice provision).
Penalty: 50 penalty units.
 (2) However, subsection (1) does not apply if:
 (a) the person fails to cause the notice to be lodged in accordance with section 922D; and
 (b) the only reason the person fails to cause the notice to be lodged in accordance with that section is because the information referred to in paragraph 922F(1)(h), (l) or (m) is not included in the notice; and
 (c) subsection 922F(3) provides that the notice does not need to include that information.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Subsection 4K(2) of the Crimes Act 1914 does not apply to subsection (1) of this section.
Note: A person may commit an offence if the person knowingly gives false or misleading information (see section 1308 of this Act and section 137.1 of the Criminal Code).