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
Listed company—director to notify market operator of shareholdings etc.
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Offence title: |
Listed company—director to notify market operator of shareholdings etc.
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Act: |
205G Corporations Act |
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Offence: |
(1) A director of a listed company must notify the relevant market operator per ss. (2), (3) and (4) of the following interests, if they have any: (a) Interests in securities of the company or related body corporate; (b) Contracts: i. The director is a party to and would benefit from; and ii. that confer a right to call for or deliver shares in, debentures of, or interests in a managed investment scheme made available by, the company or a related body corporate.
(9) A person commits an offence if the person contravenes subsection (1).
(10)A person commits an offence of strict liability if the person contravenes subsection (1).
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Penalty: |
If pursuant to ss. (9) - 2 years imprisonment. If pursuant to ss. (10) – 30 penalty units. |
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Summary/Indictable/mixed: |
Mixed |
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Jurisdiction: |
Local, District or Supreme Court |
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How committed: |
A director fails to properly disclose interests, as required by, for example, not disclosing securities and the circumstances of the interest; or, failing to notify the market operator, within 14 days, of a new director or the company listing; or, failing to notify the market operator, within 14 days, of a change of the director’s interests. |
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Important note: |
The charging and sentencing of this offence can depend on the factual matrix. If ASIC, the police or the Commonwealth DPP form the view the offence was intentionally or reckless committed, the offence per ss. (9) is likely to be laid. If the offending came about through sheer inadvertence, it is likely the offence with be dealt with per ss. (1). |