Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_191
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 191
Character Range: 37371–37980

191  Subsection 152(2)
Repeal the subsection, substitute:

 (2) The trustee of a public offer entity must not engage in conduct to which this section applies.

Penalty: Imprisonment for 5 years.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2A) Subsection (2) does not apply if:
 (a) the trustee is an approved trustee and is the only trustee of the entity; and
 (b) the entity is constituted by a deed as a trust.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).