Document ID: chunk:federal_register_of_legislation:C2017A00007:clause:1_923c:p2
Version: federal_register_of_legislation:C2017A00007
Segment Type: clause
Provision Reference: sch 1 cl 923C (pt 2/3)
Character Range: 75998–78602

the Criminal Code.

Advice as employee or director
 (5) It is not a contravention of subsection (1) for a person to assume or use a restricted word or expression if:
 (a) the person is an employee or director of a body; and
 (b) the person provides advice to the body; and
 (c) the person assumes or uses the restricted word or expression only in relation to that advice.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3) of the Criminal Code.
 (6) It is not a contravention of subsection (2) for a person to assume or use a restricted word or expression if:
 (a) another person (the adviser) is an employee or director of a body; and
 (b) the adviser provides advice to the body; and
 (c) the person assumes or uses the restricted word or expression only in relation to that advice.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6). See subsection 13.3(3) of the Criminal Code.

Continuing contravention
 (7) If a person assumes or uses a word or expression in circumstances that give rise to the person committing an offence under subsection (1) or (2), the person commits the 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).

References to restricted word or expression
 (8) In this section:
 (a) a reference to a restricted word or expression is a reference to:
 (i) the expression financial adviser or financial planner; 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 restricted word or expression being assumed or used includes a reference to the restricted 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.
 (9) However, a reference in this section to a restricted word or expression does not include a reference to a word or expression mentioned in paragraph (8)(a) if:
 (a) the word or expression mentioned in that paragraph is assumed or used in relation to a provisional relevant provider; and
 (b) the word or expression is assumed or used as part of a word or expression specified