Section 952J — Corporations Act 2001 (Cth)

(1) A financial services licensee, or an authorised representative of a financial services licensee, commits an offence if:

(a) the licensee or representative gives (see subsection (3)) a person a Statement of Advice in circumstances in which it is required by a provision of this Part to be given to the person; and

(b) the Statement of Advice does not comply with section 947A or 947E.

(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 the meaning it has because of section 940C.

Related sections

• s 952G — Offences of financial services licensee providing disclosure material to an authorised representative (whether or not known to be defective)
• s 952H — Financial services licensee failing to ensure authorised representative gives disclosure documents or statements as required
• s 952I — Offences if a Financial Services Guide, Supplementary FSG or website disclosure information does not comply with certain requirements
• s 952JA — Offence if a Cash Settlement Fact Sheet does not comply with certain requirements
• s 952K — Offence if authorised representative gives out unauthorised Financial Services Guide, Supplementary FSG or website disclosure information
• s 952L — Offences if financial services licensee or authorised representative becomes aware that a Financial Services Guide, Supplementary FSG or website disclosure information is defective

Research how courts apply s 952J

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.