Document ID: chunk:federal_register_of_legislation:C2025C00185:section:923a:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 923A (pt 2/2)
Character Range: 3850038–3851924

person in carrying on the business or providing the services.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.
 (3) The reference in paragraph (2)(d) to direct or indirect restrictions does not include a reference to restrictions imposed on a person by:
 (a) the conditions on an Australian financial services licence; or
 (b) this Chapter or regulations made for the purposes of this Chapter.
 (4) If a person assumes or uses a word or expression in circumstances that give rise to the person committing an offence based on subsection (1) of this section, the person is guilty of such an offence in respect of:
 (a) the first day on which the offence is committed; and
 (b) each subsequent day (if any) on which the circumstances that gave rise to the person committing the offence continue (including the day of conviction for any such offence or any later day).
 (5) In this section:
 (a) a reference to a restricted word or expression is a reference to:
 (i) the word independent, impartial or unbiased; or
 (ii) any other word or expression specified in the regulations as a restricted word or expression for the purposes of this section; or
 (iii) any other word or expression (whether or not in English) that is of like import to a word or expression covered by any of the previous subparagraphs; and
 (b) a reference to a word or expression being assumed or used includes a reference to the word or expression being assumed or used:
 (i) as part of another word or expression; or
 (ii) in combination with other words, letters or other symbols.
 (6) To avoid doubt, for the purposes of this section a restricted word or expression is not assumed or used if the restricted word or expression is included in a statement in accordance with a requirement in paragraph 942B(2)(fa) or 942C(2)(ga).