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Offences

Dishonest conduct

Offence title:

 

Dishonest conduct

Act:

 

1041G Corporations Act

Offence:

A person must not, in the course of carrying on a financial services business in this jurisdiction, engage in dishonest conduct in relation to a financial product or financial service.

Note: Failure to comply with this section is an offence: s. 1311(1).

 

Note: Failure to comply with this subsection is a contravention: s.1041I.

 

Penalty:

 

15 years imprisonment

Summary/Indictable/mixed:

 

Indictable

Jurisdiction:

 

District or Supreme Court

How committed:

 

An insurance broker promises a policy purchaser that the product will deliver benefits in circumstances where it will not and never could.

Important note:

Defence: For defences to a prosecution based on this section, see Division 4 - Defences, relief and limits on liability: s.1044A General defence or relief for publishers and 1044B Limit on liability for misleading or deceptive conduct.

 

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