Section 1021H — Corporations Act 2001 (Cth)

(1) A person commits an offence if:

(a) the person prepares (or has someone else prepare for them) a Product Disclosure Statement, a Supplementary Product Disclosure Statement or a Replacement Product Disclosure Statement (the disclosure document); and

(b) the disclosure document does not comply with:

(i) if it is a Product Disclosure Statement—section 1013B or 1013G or subsection 942DA(3); or

(ii) if it is a Supplementary Product Disclosure Statement—section 1013G, 1014B or 1014C; or

(iii) if it is a Replacement Product Disclosure Statement—subsection 942DA(3), section 1013G or subsection 1014K(1), (2) or (3); and

(c) the person:

(i) gives (see subsection (3)) another person the disclosure document 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 (3)), or makes available to, another person the disclosure document, reckless as to whether the other person will or may rely on the information in it; or

(iii) gives (see subsection (3)), or makes available to, another person the disclosure document, reckless as to whether the other person, or someone else, will or may give it, or make it available, to another person as mentioned in subparagraph (i) or (ii).

Note: A defendant bears an evidential burden in relation to the matters in sections 1012D, 1012DAA, 1012DA and 1012E.

(2) For the purposes of an offence based on subsection (1), strict liability applies to paragraph (b) of that subsection.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) In this section, give means give by any means (including orally), and is not limited to giving in accordance with section 1015C.

Related sections

• s 1021FA — Paragraph 1012G(3)(a) obligation—offences relating to communication of information
• s 1021FB — Paragraph 1012G(3)(a) obligation—offences relating to information provided by product issuer for communication by another person
• s 1021G — Financial services licensee failing to ensure authorised representative gives etc. disclosure documents or statements as required
• s 1021I — Offence of giving disclosure document or statement that has not been prepared by the appropriate person
• s 1021J — Offences if preparer etc. of disclosure document or statement becomes aware that it is defective
• s 1021K — Offence of unauthorised alteration of Product Disclosure Statement (or Supplementary PDS)

Research how courts apply s 1021H

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