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StatuteCorporations Act 2001

Section 1021L — Corporations Act 2001: Offences of giving, or failing to withdraw, consent to inclusion of defective statement

Text of the provision Official document

(1) A person commits an offence if: (a) they consent to the inclusion of a statement (the consented material) in a Product Disclosure Statement or a Supplementary Product Disclosure Statement as mentioned in paragraph 1013K(1)(a); and (b) either: (i) there is a misleading or deceptive statement in the consented material; or (ii) there is an omission of information from the consented material; and (c) the statement or omission is or would be materially adverse from the point of view of a reasonable person considering whether to proceed to acquire the financial product concerned. (2) A person commits an offence if: (a) they consent to the inclusion of a statement (the consented material) in a Product Disclosure Statement or a Supplementary Product Disclosure Statement as mentioned in paragraph 1013K(1)(a); and (b) they become aware that either: (i) there is a misleading or deceptive statement in the consented material; or (ii) there is an omission of information from the consented material; being a statement, or an omission, that: (iii) is or would be materially adverse from the point of view of a reasonable person considering whether to proceed to acquire the financial product concerned; or (iv) results in the Product Disclosure Statement or the Supplementary Product Disclosure Statement being defective, or more defective than it would otherwise be; and (c) they do not withdraw their consent after becoming aware of the matter mentioned in paragraph (b).

Official source: Federal Register of Legislation

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