Financial Markets Conduct Act 2013

A person must not advertise an offer or intended offer of financial products that would be a regulated offer but for clause 12.

Subclause (1) does not apply to a communication that is distributed by or on behalf of the offeror if the offeror took all reasonable steps to ensure that the only persons who received the communication were persons referred to in the definition of personal offer in clause 12(5) or persons acting on their behalf.

A contravention of this clause does not prevent the exclusion referred to in clause 12 from continuing to apply (but may give rise to consequences under Part 8 of this Act).