Document ID: chunk:federal_register_of_legislation:C2004A02473:body:0:p7
Version: federal_register_of_legislation:C2004A02473
Segment Type: other
Provision Reference: 
Character Range: 14768–17541

in securities by insiders
23. Section 128 of the Principal Act is amended—
    (a) by inserting in paragraph (11) (a) ", executive officer" after "secretary"; and
    (b) by omitting from paragraph (11) (e) "its creditors" and substituting "another person or other persons".

Compensation for loss, &c.
24. Section 130 of the Principal Act is amended—
    (a) by inserting in paragraph (8) (a) ", executive officer" after "secretary"; and
    (b) by omitting from paragraph (8) (e) "its creditors" and substituting "another person or other persons".

False or misleading statements
25. Section 135 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
"(1) A person shall not, in, or in connection with, an application for a licence—
    (a) make a statement that is false or misleading in a material particular knowing it to be false or misleading; or
    (b) omit to state any matter or thing knowing that by reason of that omission the application is misleading in a material respect.".

Falsification of records
26. Section 138 of the Principal Act is amended by omitting "wilfully" from sub-section (1).

Offences by bodies corporate
27. Section 143 of the Principal Act is amended by omitting from paragraph (2) (e) "its creditors" and substituting "another person or other persons".

Injunctions
28. Section 149 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "grant an injunction restraining the person from engaging in the conduct" and substituting "grant an injunction restraining the first-mentioned person from engaging in the conduct and, if in the opinion of the court it is desirable to do so, requiring that person to do any act or thing";
    (b) by inserting after sub-section (1) the following sub-section:
   "(1a) Where—
       (a) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
       (b) that refusal or failure is, or would be, an offence against this Act,
    the Court may, on the application of—
       (c) the Commission; or
       (d) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing,
    grant an injunction requiring the first-mentioned person to do that act or thing.";

       (c) by inserting in sub-section (3) ", (1a)" after "(1)";
       (d) by inserting after sub-section (4) the following sub-section:
       "(4a) Where an application is made to the Court for a grant of an injunction requiring a person to do a particular act or thing, the power of the Court to grant the injunction may be exercised—
            (a) if the Court is satisfied that the person has refused or failed to do that act or thing— whether or not