if there is:
- (h)
- for all documentsa misleading or deceptive statement in the
document; or
- (i)
- for a bidder's statement or target's statementan omission from the
document of material required by section 636 or 638; or
- (j)
- for a bidder's statement or a target's statementa new circumstance
that:
- (i)
- has arisen since the document was lodged; and
- (ii)
- would have been required by section 636 or 638 to be included in the
document if it had arisen before the document was lodged; or
- (k)
- for an expert's report under subsection 636(2) or section 640, 663B,
664C or 665Ban omission from the report of material required by
subsection 648A(3) or 667B(2).
- Note 1: See section 670D for defences.
Note 2: Section 995 imposes liabilities in respect of other conduct
related to the dealings in securities.
Forecasts and other forward-looking statement
(2) A person is taken to make a
misleading statement about a future matter (including the doing of, or
refusing to do, an act) if they do not have reasonable grounds for making the
statement. This subsection does not limit the meaning of a reference to a
misleading statement or a statement that is misleading in a material
particular.
Offence if statement, omission or new matter materially adverse
(3) A person commits an offence if they contravene subsection (1) and:
- (a)
- the misleading or deceptive statement; or
- (b)
- the omission or new circumstance;
is materially adverse from the point of view of the holder of securities to
whom the document is given.