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s 380D

Restrictions on advertising and publicity: debentures or CCUs in participating co‑operatives

In force
Part 14Participating co‑operatives
Division 3General

380D Restrictions on advertising and publicity: debentures or CCUs in participating co‑operatives

(1)

A person must not advertise, or publish a statement that directly or indirectly refers to, an offer, or intended offer, of debentures or CCUs in a participating co‑operative unless —

(a)

a disclosure statement relating to the debentures or CCUs is approved under a provision of the relevant corresponding co‑operatives law of another jurisdiction that corresponds to section 252 by the Registrar for the other jurisdiction; and

(b)

any other applicable requirements specified in regulations for the purposes of this section are complied with.

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

(2)

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

(a)

publishing a newspaper or 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.

(3)

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

[Section 380D inserted: No. 7 of 2016 s. 135.]

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