Offences
- Carrying on business using “Limited”, “No Liability” or “Proprietary” in name
- Good faith, use of position and use of information—criminal offences
- Listed company—director to notify market operator of shareholdings etc.
- Disqualified person not to manage corporations
- Proxy vote if appointment specifies way to vote
- Public company must hold AGM
- Lodgment of annual reports with ASIC
- Lodgment of half-year reports with ASIC
- Officers to report to controller about corporation’s affairs
- Directors to help administrator
- Directors to help administrator
- Information about the company’s affairs
- Officers to help liquidator
- Liquidator’s rights to company’s books
- Director’s duty to prevent insolvent trading by company
- Offences by officers of certain companies
- Incurring of certain debts; fraudulent conduct
- When a managed investment scheme must be registered
- Prohibition on certain acquisitions of relevant interests in voting shares
- Continuous disclosure—listed disclosing entity bound by a disclosure requirement in market listing rules
- Need for an Australian financial services licence
- Providing financial services on behalf of a person who carries on a financial services business
- Effect of banning orders
- Financial services licensee to prepare and lodge annual profit and loss statement and balance sheet
- Market manipulation
- False trading and market rigging—creating a false or misleading appearance of active trading etc.
- False trading and market rigging—artificially maintaining etc. trading price
- Dissemination of information about illegal transactions
- False or misleading statements
- Inducing persons to deal
- Dishonest conduct
- Prohibited conduct by person in possession of inside information
- Registers
- Falsification of books
- False or misleading documents
- False information etc.
- Obstructing or hindering ASIC etc.
- Automatic disqualification—convictions, bankruptcy and foreign court orders etc
- Part 9.4 Divisions 2 Offences generally
False or misleading statements
|
Offence title: |
False or misleading statements |
|
Act: |
1041E Corporations Act |
|
Offence: |
(1) A person must not (whether in this jurisdiction or elsewhere) make a statement, or disseminate information, if: (a) the statement or information is false in a material particular or is materially misleading; and (b) the statement to information is likely: i. induce persons, in this jurisdiction, to apply for financial products; or ii. induce persons, in this jurisdiction, to dispose of or acquire for financial products; or iii. to cause increases, reductions, maintenance or stabilisation of the price for trading in financial products in a financial market in this jurisdiction; and (c) when the statement or dissemination of information is made, the person: i. does not care whether the statement of information is true or false; or ii. the person knew or ought reasonable to have known, the statement or information is false in a material particular or is materially misleading. Note: Failure to comply with this subsection is an offence: s. 1311(1).
Note: Failure to comply with this subsection is a contravention: s.1317E and 1317S. (2) For the purposes of the application of the Criminal Code in relation to an offence based on subsection (1), paragraph (1)(a) is a physical element, the fault element for which is as specified in paragraph (1)(c).
(3) For the purposes of an offence based on subsection (1), strict liability applies to subparagraphs (1)(b)(i), (ii) and (iii). |
|
Penalty: |
15 years imprisonment |
|
Summary/Indictable/mixed: |
Indictable |
|
Jurisdiction: |
District or Supreme Court |
|
How committed: |
An environmentalist protester sends a false press release to the media in which a bank allegedly withdraws its loans to a paper mill. The media publishes the press release which in turn, induces shareholders to sell their shares causing a fall in value. When sending out the press release the protester knew it was entirely false. |
|
Important note: |
Defence: For defences to a prosecution based on this section, see Division 4 - Defences, relief and limits on liability: s.1044A General defence or relief for publishers and 1044B Limit on liability for misleading or deceptive conduct. |