Independent advisor accepting secret commission
236N Independent advisor accepting secret commission
A person commits an offence if:
(a) the person intentionally holds themselves out to the public as being engaged in a business or activity of:
making independent selections or examinations; or
(ii) expressing disinterested opinions in respect of property or services; and
(b) the person requests, receives or obtains, or agrees to receive or obtain, a benefit from another person; and
(c) the person engages in the conduct mentioned in paragraph (b) with the intention that the benefit will influence the person's selection, examination or opinion; and
the conduct mentioned in paragraph (b) is dishonest.
Maximum penalty: Imprisonment for 3 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(b).
This Act’s bill:Second reading speech
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