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
Prohibited conduct by person in possession of inside information
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Offence title: |
Prohibited conduct by person in possession of inside information |
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Act: |
1043A Corporations Act |
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Offence: |
(1) Subject to subdivision B (Div. 3, Part 7.10 of Chapter 7 of this Act): (a) A person (the insider) possess inside information; and (b) The insider knew, or ought reasonable have known, that the definition of “inside information” is satisfied; the insider must not, as a principal or agent: (c) Apply for, acquire or dispose of Division 3 financial products, or enter any agreement to do so; or (d) Procure another person to as act described in (c). Note: Failure to comply with this section is an offence: s. 1311(1).
Note: Failure to comply with this subsection is a contravention: s.1043N and 1317S. (2) Subject to this subdivision, if: (a) The insider possesses inside information; and (b) The insider knew, or ought reasonable have known, that the definition of “inside information” is satisfied; and (c) relevant Division 3 financial products are able to be traded on a financial market operated in this jurisdiction; the insider must not, directly or indirectly, communicate the information, or cause the information to be communicated, to another person if the insider knows, or ought reasonably to know, that the other person would or would be likely to: (d) Apply for, acquire or dispose of Division 3 financial products, or enter any agreement to do so; or (e) Procure another person to as act described in (d). Note: Failure to comply with this section is an offence: s. 1311(1).
Note: Failure to comply with this subsection is a contravention: s.1043N and 1317S.
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Penalty: |
(1) and (2) - 15 years imprisonment |
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Summary/Indictable/mixed: |
Indictable |
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Jurisdiction: |
District or Supreme Court |
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How committed: |
(1) A lawyer working on a merger finds out information that indicates, post the merger between A and B, the shares in A will be worth much more. The lawyer purchases shares in A.
(2) A lawyer working on a merger finds out information that indicates, post the merger between A and B, the shares in A will be worth much more. The lawyer tells his partner who purchases shares in A.
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Important note: |
Defence: ss. (1) For defences to a prosecution based on this subsection: s.1043M - Defences to prosecution for an offence |