(1) In this section -
"unlawful communication" means a communication in relation to which there has been a contravention of section 21(1);
"controlled agreement" means an agreement the making or performance of which by either party constitutes a controlled activity for the purposes of that section; and
"controlled investment" has the same meaning as in section 21.
(2) If in consequence of an unlawful communication a person enters as a customer into a controlled agreement, it is unenforceable against him and he is entitled to recover -
(a) any money or other property paid or transferred by him under the agreement; and
(b) compensation for any loss sustained by him as a result of having parted with it.
(3) If in consequence of an unlawful communication a person exercises any rights conferred by a controlled investment, no obligation to which he is subject as a result of exercising them is enforceable against him and he is entitled to recover -
(a) any money or other property paid or tra
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