Commonwealth Consolidated Acts

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Inducing persons to deal

  (1)   A person must not, in this jurisdiction, induce another person to deal in financial products:

  (a)   by making or publishing a statement, promise or forecast if the person knows, or is reckless as to whether, the statement is misleading, false or deceptive; or

  (b)   by a dishonest concealment of material facts; or

  (c)   by recording or storing information that the person knows to be false or misleading in a material particular or materially misleading if:

  (i)   the information is recorded or stored in, or by means of, a mechanical, electronic or other device; and

  (ii)   when the information was so recorded or stored, the person had reasonable grounds for expecting that it would be available to the other person, or a class of persons that includes the other person.

Note 1:   Failure to comply with this subsection is an offence (see subsection   1311(1)). For defences to a prosecution based on this subsection, see Division   4.

Note 2:   Failure to comply with this subsection may also lead to civil liability under section   1041I. For relief from liability under that section, see Division   4.

  (3)   This section applies in relation to the following conduct as if that conduct were dealing in financial products:

  (a)   applying to become a standard employer - sponsor of a superannuation entity;

  (b)   permitting a person to become a standard employer - sponsor of a superannuation entity;

  (c)   applying, on behalf of an employee (within the meaning of the Retirement Savings Accounts Act 1997 ), for the employee to become the holder of an RSA.

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