Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1041k
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1041K
Character Range: 701221–702134

1041K  Division applies to certain conduct to the exclusion of State Fair Trading Acts provisions

 (1) This section applies to conduct:
 (a) that contravenes:
 (i) section 670A (misleading or deceptive takeover document); or
 (ii) section 728 (misleading or deceptive fundraising document); or
 (b) that relates to a disclosure document or statement within the meaning of section 953A; or
 (c) that relates to a disclosure document or statement within the meaning of section 1022A.
For this purpose, conduct contravenes the provision even if the conduct does not constitute an offence, or does not lead to any liability, because of the availability of a defence.

 (2) This Division operates in relation to conduct to which this section applies to the exclusion of the provisions of the State Fair Trading Act of any State or Territory.

Division 3—The insider trading prohibitions

Subdivision A—Preliminary