New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974 - SECT 33
Misuse of information
33 Misuse of information
(1) Where, through association with a corporation, a person has knowledge of
specific information relating to proposals made, or to be made, by the
corporation in respect of the use and development of land and that information
is not generally known but, if generally known, might reasonably be expected
to affect materially the market price of that land, the person is guilty of an
offence against this Act if the person-- (a) deals, directly or indirectly, in
that land for the purpose of gaining an advantage for himself or herself by
the use of that information, or
(b) divulges that information for the purpose
of enabling another person to gain an advantage by using that information to
deal, directly or indirectly, in that land,
and is liable to a penalty not
exceeding 20 penalty units.
(2) Where, through association with a
corporation, a person is in a position to influence proposals made, or to be
made, by the Corporation in respect of the use and development of land and
does influence the proposals by securing the inclusion or alteration of any
matter in, or the exclusion or omission of any matter from, the proposals, the
person is guilty of an offence against this Act if-- (a) the person does so
for the purpose of gaining an advantage for himself or herself, or
(b) the
person does so for the purpose of enabling another person to gain an
advantage,
and is liable to a penalty not exceeding 20 penalty units.
(3)
Where-- (a) an offence under subsection (1) is committed and an advantage,
referred to in that subsection, is gained from any dealing in land to which
the offence relates, or
(b) an offence under subsection (2) is committed and
an advantage, referred to in that subsection, is gained from any dealing in
land which would not have been gained if the proposals concerned had not been
influenced,
any person who gained that advantage is, whether or not any person
has been prosecuted for or convicted of an offence under subsection (1) or
(2), as the case may be, liable to another person for the amount of any loss
incurred by that other person by reason of the gaining of that advantage.
(4)
Where a loss referred to in subsection (3) is incurred by reason of an
advantage gained from a dealing in land, the amount of the loss is the
difference between the price at which the dealing was effected and-- (a) in
the case of any dealing to which subsection (1) relates, the price that, in
the opinion of the court before which it is sought to recover the amount of
the loss, would have been the market price of the land at the time of the
dealing if the specific information used to gain that advantage had been
generally known at that time, or
(b) in any case to which subsection (2)
relates, the price that, in the opinion of the court before which it is sought
to recover the amount of the loss, would have been the market price of the
land at the time of the dealing if the proposals concerned had not been
influenced.
(5) An action to recover a loss or profit, referred to in
subsection (3), may not be brought after the expiration of five years next
succeeding the dealing in land to which the transaction relates.
(6) For the
purposes of this section, a person is associated with a corporation-- (a) in
the case of a development corporation--if the person is a member of the board
or officer or employee of the development corporation or a person appointed to
a committee or a sub-committee of the development corporation,
(b) if the
person is a member of staff of the Department of Urban Affairs and Planning,
(d) if the person is an officer or servant of a council,
(e) if the person
acts or has acted as banker, Australian legal practitioner, auditor or
professional adviser or in any other capacity for the corporation, the
Department of Urban Affairs and Planning or a council, or
(f) where the
person, so associated by virtue of paragraph (e), is a body corporate, if the
person is a director, manager or secretary of that body corporate.
(7) In
this section, a reference to gaining an advantage does not include a reference
to Landcom (or any other public authority prescribed by the regulations)
gaining an advantage.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback