Section 1018B — Corporations Act 2001 (Cth)

(1) A person must not advertise an offer, or intended offer, of financial products that would not need a Product Disclosure Statement because of section 1012E.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

(2) A person does not contravene subsection (1) by publishing an advertisement or statement if the person:

(a) publishes it in the ordinary course of a media business; and

(b) did not know, and had no reason to suspect, that a Product Disclosure Statement was needed.

For this purpose, media has the same meaning as it has in section 1018A.

Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.

Related sections

• s 1017F — Confirming transactions
• s 1017G — Certain product issuers and regulated persons must meet appropriate dispute resolution requirements
• s 1018A — Advertising or other promotional material for financial product must refer to Product Disclosure Statement
• s 1019A — Situations in which this Division applies
• s 1019B — Cooling‑off period for return of financial product
• s 1019D — Offers to which this Division applies

Research how courts apply s 1018B

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