Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1309

1309. (1) An officer of a corporation who makes available or furnishes
information, or authorises or permits the making available or furnishing of
information, to:

   (a)  a director, auditor, member, debenture holder or trustee for debenture
        holders of the corporation;

   (b)  in the case of a corporation that is a subsidiary-an auditor of the
        holding company; or

   (c)  a securities exchange in Australia or elsewhere or an officer of such
        a securities exchange; being information, whether in documentary or
        any other form, that relates to the affairs of the corporation and
        that, to the knowledge of the officer:

   (d)  is false or misleading in a material particular; or

   (e)  has omitted from it a matter or thing the omission of which renders
        the information misleading in a material respect; is guilty of an
        offence.

(2) An officer of a corporation who makes available or furnishes information,
or authorises or permits the making available or furnishing of information,
to:

   (a)  a director, auditor, member, debenture holder or trustee for debenture
        holders of the corporation;

   (b)  in the case of a corporation that is a subsidiary-an auditor of the
        holding company; or

   (c)  a securities exchange in Australia or elsewhere or an officer of such
        a securities exchange; being information, whether in documentary or
        any other form, relating to the affairs of the corporation that:

   (d)  is false or misleading in a material particular; or

   (e)  has omitted from it a matter or thing the omission of which renders
        the information misleading in a material respect; without having taken
        reasonable steps to ensure that the information:

   (f)  was not false or misleading in a material particular; and

   (g)  did not have omitted from it a matter or thing the omission of which
        rendered the information misleading in a material respect; is guilty
        of an offence.

(3) The references in subsections (1) and (2) to a person making available or
furnishing, or authorising or permitting the making available or furnishing
of, information relating to the affairs of a corporation include references to
a person making available or furnishing, or authorising or permitting the
making available or furnishing of, information as to the state of knowledge of
that person with respect to the affairs of the corporation.

(4) Where information is made available or furnished to a person referred to
in paragraph (1) (a), (b) or (c) or (2) (a), (b) or (c) in response to a
question asked by that person, the question and the information shall be
considered together in determining whether the information was false or
misleading.

(5) A person shall not, for the purposes of this Act, lodge with a futures
exchange, a clearing house for a futures exchange, or a futures association, a
document that contains a statement that, to the person's knowledge, is false
or misleading.