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s 137B

Restrictions on advertising and publicity: shares

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Part 7Shares
Division 2Disclosure requirements for distributing co‑operatives

137B Restrictions on advertising and publicity: shares

(1)

A person must not —

(a)

advertise; or

(b)

publish a statement that directly or indirectly refers to,

an offer, or intended offer, of shares in a distributing co‑operative unless a current disclosure statement relating to the shares is registered with the Registrar under section 137A.

Penalty for this subsection: a fine of $1 000.

(2)

Subsection (1) applies in relation to shares in a distributing co‑operative only if the shares are offered, or intended to be offered, to persons who are not shareholders in the co‑operative.

(3)

A person does not contravene subsection (1) by publishing an advertisement or statement if they publish it in the ordinary course of business of —

(a)

publishing a newspaper or a magazine; or

(b)

broadcasting by radio or television,

and the person did not know and had no reason to suspect that its publication would amount to a contravention of that subsection.

(4)

Despite The Criminal Code section 23B(2), it is immaterial for the purposes of subsection (1) that any event occurred by accident.

[Section 137B inserted: No. 7 of 2016 s. 36.]

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