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
Registers
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Offence title: |
Registers |
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Act: |
1274 Corporations Act |
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Offence: |
This is an extensive section dealing with Registers maintained by ASIC, including access to them and lodging material to be recorded. The section has three offences within it. This page deals with those offences: (9) ASIC may require a person who produces a document for lodgement, to produce other documents or material to be able to form a view on whether to refuse to accept the document or accept and register it.
(11)If a body corporate or person has defaulted in complying with: (a) Any provision of this Act or other law that requires lodging in any manner any return, account, document or notice to ASIC; (b) Any request of ASIC to amend, complete or resubmit and document or submit a fresh document; Fails within 14 days of service of a notice requiring the adherence, a court may on application by any member or creditor of the body or by ASIC, make an order directing the body or any officer of the body or the person to make good the default within such time as is specified in the order. (13)A person must not contravene an order made under subsection (11). (16)The person must provide the information within such reasonable period, and in such form, as are specified by ASIC. (17)An offence based on subsection (9), (13) or (16) is an offence of strict liability. |
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Penalty: |
(9), (13) or (16) - 120 penalty units |
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Summary/Indictable/mixed: |
Summary |
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Jurisdiction: |
Local, District or Supreme Court |
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How committed: |
A director, having submitted a return to ASIC, fails to remedy errors in it with the 14 days period allowed to do so. |