Clause 5

No person shall, when describing or referring to any arrangement the rights or interests of which are, will be or have been the subject of an offer, or intended offer, or invitation, or intended invitation, use the term “real estate investment trust” or any of its derivatives in any language in the name or description or any representation of that arrangement, unless —

the arrangement is authorised under section 286 or is one for which an application for authorisation has been made and has not been refused by the Authority under that section;

the arrangement is recognised under section 287 or is one for which an application for recognition has been made and has not been refused by the Authority under that section; or

the Authority has given its consent in writing to that person to use that term or derivative, or that person belongs to a class of persons declared by the Authority by order published in the Gazette as persons who may use such term or derivative.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part thereof during which the offence continues after conviction.(3) For the avoidance of doubt, in subsection (1) —

“offer”, “intended offer”, “invitation” or “intended invitation”, in relation to any rights or interests in an arrangement, includes an offer, intended offer, invitation or intended invitation in relation to any such rights or interests that have previously been issued; and

“representation”, in relation to an arrangement, includes a representation of the arrangement in any bill head, letter paper, notice, advertisement, publication or writing, whether in electronic, print or other form.”.