Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1262

1262. (1) Where a person (in this section called "person A"):

   (a)  by making or publishing any statement, promise or forecast that the
        person knows to be misleading, false or deceptive;

   (b)  by any dishonest concealment of material facts;

   (c)  by the reckless making or publishing (dishonestly or otherwise) of any
        statement, promise or forecast that is misleading, false or deceptive;
        or

   (d)  by recording or storing in, or by means of, any mechanical, electronic
        or other device information that the person knows to be false or
        misleading in a material particular;
induces or attempts to induce another person (in this section called "person
B") to deal in a futures contract or a class of futures contracts, each of
subsections (2), (3), (4), (5) and (6) has effect without prejudice to the
effect of any of the others.

(2) If person A is a corporation, that person contravenes this section.

(3) If person B is a corporation, person A contravenes this section.

(4) If the dealing is, or is to be, on behalf of a corporation, person A
contravenes this section.

(5) If the dealing is, or is to be, on an eligible futures market, person A
contravenes this section.

(6) If the dealing is, or is to be, entered into in eligible circumstances,
person A contravenes this section.

(7) It is a defence to a prosecution for an offence under this section
constituted by recording or storing information as mentioned in paragraph (1)
(d) if it is proved that, when the defendant so recorded or stored the
information, the defendant had no reasonable grounds for expecting that the
information would be available to any person.