186Custom of itself no defence[[14]](#endnote-15)

186 Custom of itself no defence[[14]](#endnote-15)

(1) In any prosecution under this subdivision it shall not amount to a defence to show that any such valuable consideration as is mentioned in this subdivision is customary in any trade or calling.

(2) For the purposes of this subdivision where it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal without the assent of the principal the burden of proving that such valuable consideration was not received solicited given or offered in contravention of any of the provisions of this subdivision shall be on the accused.

S. 186(3) repealed by No. 7546 s. 5.

S. 186(4) repealed by No. 9848 s. 18(1).

S. 186(5) amended by No. 57/1989 s. 3(Sch. item 42.8), repealed by No. 7/2009 s. 422(1) (as amended by No. 68/2009 s. 54(h)).

Heading preceding s. 187 substituted by No. 8425 s. 2(1)(e) (as amended by No. 9019 s. 2(1)(Sch. item 257)).

Fraudulently inducing persons to invest

Ss 187–190 repealed by No. 8425 s. 2(1)(f).

No. 6103 s. 191.

191 Fraudulently inducing persons to invest money

S. 191(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
s. 60(1)(Sch. 1 item 69).

(1) Any person who, by any statement promise or forecast which he knows to be misleading false or deceptive or by any dishonest concealment of material facts or by the reckless making of any statement promise or forecast which is misleading false or deceptive, induces or attempts to induce another person—

(a) to enter into or offer to enter into—

(i) any agreement for or with a view to acquiring disposing of subscribing in or underwriting securities or lending or depositing money to or with any corporation; or

(ii) any agreement the purpose or pretended purpose of which is to secure a profit to any of the parties from the yield of securities or by reference to fluctuations in the value of securities; or

(b) to acquire or offer to acquire any right or interest under any arrangement the purpose or effect or pretended purpose or effect of which is to provide facilities for the participation by persons in profits or income alleged to arise or to be likely to arise from the acquisition holding management or disposal of any property other than securities; or

(c) to enter into or offer to enter into an agreement the purpose or pretended purpose of which is to secure a profit to any of the parties by reference to fluctuations in the value of any property other than securities—