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StatuteCorporations Act 2001

Section 1021F — Corporations Act 2001: Offence of regulated person (other than preparer) giving disclosure document or statement knowing it to be defective

Text of the provision Official document

(1) A regulated person commits an offence if: (a) another person prepares (or has someone else prepare for them) a disclosure document or statement (not being information required by paragraph 1012G(3)(a)); 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, 1012DAA, 1012DA 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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.