Section 1021I — Corporations Act 2001 (Cth)

(1) A regulated person commits an offence if:

(a) the regulated person:

(i) gives (see subsection (2)) another person a disclosure document or statement (not being information required by paragraph 1012G(3)(a)) 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 a disclosure document or statement (not being information required by paragraph 1012G(3)(a)), reckless as to whether the other person will or may rely on the information in it; and

(b) the disclosure document or statement has not been prepared by, or on behalf of, the person required by section 1013A to prepare 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.

Related sections

• 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 1021H — Offences if a Product Disclosure Statement (or Supplementary PDS) does not comply with certain requirements
• 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)
• s 1021L — Offences of giving, or failing to withdraw, consent to inclusion of defective statement

Research how courts apply s 1021I

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