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Offences

Market manipulation

Offence title:

 

Market manipulation

Act:

 

1041A Corporations Act

Offence:

A person must not take part in, or carry out, directly or indirectly, in Australia or elsewhere:

(a)   a transaction that has or is likely to have; or

(b)   2 or more transactions that have or are likely to have;

the effect of:

(c)    Creating an artificial price for trading in financial products on a financial market in this jurisdiction; or

(d)   Maintaining an artificial level, a price, (whether it was already artificial or not) for trading in financial products in a market in this jurisdiction.

Note: Failure to comply with this section is an offence: s. 1311(1)

 

Note: Failure to comply with this section is a contravention: s.1317E and 1317S

 

Penalty:

 

15 years imprisonment

Summary/Indictable/mixed:

 

Indictable

Jurisdiction:

 

District or Supreme Court

How committed:

 

In order to inflate the value of a business, the Managing Director makes a significant purchase of shares, such that the market sees and follows the price increase, thereby causing the company to be artificially valued and the shares trade for a greater price than the true value.

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