Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1021f
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1021F
Character Range: 664645–665690

1021F  Offence of regulated person (other than preparer) giving disclosure document or statement knowing it to be defective

 (1) A regulated person commits an offence if:
 (a) another person prepares (or has someone else prepare for them) a disclosure document or statement; and
 (b) the regulated person knows that the disclosure document or statement is defective; and
 (c) the regulated person:
 (i) gives (see subsection (2)) another person the disclosure document or statement in circumstances in which it is required by a provision of this Part to be given to the other person; or
 (ii) gives (see subsection (2)), or makes available to, another person the disclosure document or statement, reckless as to whether the other person will or may rely on the information in it.

Note: A defendant bears an evidential burden in relation to the matters in sections 1012D and 1012E.

 (2) In this section, give means give by any means (including orally), and is not limited to giving in accordance with section 1015C or paragraph 1012G(3)(a).