56BZIProhibition on holding out that a person is something they are not—offence

56BZI Prohibition on holding out that a person is something they are not—offence

(1) A person commits an offence if the person holds out that:

(a) the person is an accredited person; or

(b) the person is an accredited person holding an accreditation that has been granted at a particular level (see paragraph 56BH(1)(d)); or

(c) the person is an accredited person holding an accreditation that authorises the person to do something (see paragraph 56BH(1)(da)); or

(d) the person is an accredited data recipient of CDR data; or

(e) the person is an accredited action initiator for a type of CDR action; or

(f) the person is an action service provider for a type of CDR action; or

(g) the person is approved as an action service provider at a particular level (see paragraph 56BHA(1)(d)); or

(h) the person’s approval as an action service provider authorises the person to do something (see paragraph 56BHA(1)(e));

if that is not the case.

Penalty—body corporate

(2) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10% of the adjusted turnover of the body corporate during the 12‑month period ending at the end of the month in which the commission of the offence happened or began.

Penalty—other persons

(3) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by imprisonment for not more than 5 years, a fine of not more than $500,000, or both.