Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1309:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1309 (pt 2/3)
Character Range: 5464190–5466897

giving, or authorising or permitting the making available or giving 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 given 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 are to be considered together in determining whether the information was false or misleading.
 (5) For the purposes of this section:
 (a) a notice under subsection 708AA(2), 708A(5), 1012DAA(2) or 1012DA(5) is taken to be a notice required for the purposes of this Act; and
 (b) a notice under subsection 708AA(2), 708A(5), 1012DAA(2) or 1012DA(5) is taken to be misleading in a material respect if it omits information that is excluded information for the purposes of section 708AA, 708A, 1012DAA or 1012DA.
 (6) Paragraphs (1)(a) and (b) do not apply in relation to a corporation that is an Aboriginal and Torres Strait Islander corporation.
Note: Similar offences are created in relation to Aboriginal and Torres Strait Islander corporations under section 561‑5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.
 (7) For the purposes of subsection (2), a person is taken to have taken reasonable steps to ensure that information was not false or misleading in a material particular if the person proves that:
 (a) the person made all inquiries (if any) that were reasonable in the circumstances; and
 (b) after doing so, the person believed on reasonable grounds that the information was not misleading or deceptive in a material particular.
 (8) For the purposes of subsection (2), a person is taken to have taken reasonable steps to ensure that information did not have omitted from it any matter or thing the omission of which rendered the information misleading in a material respect if the person proves that:
 (a) the person made all inquiries (if any) that were reasonable in the circumstances; and
 (b) after doing so, the person believed on reasonable grounds that there was no such omission.
 (9) For the purposes of subsection (2), a person is taken to have taken reasonable steps to ensure that information was not false or misleading in a material particular if the person proves that:
 (a) the person relied on information given to the person by:
 (i) if the person is a body—someone other than a director, employee or agent of the body; or
 (ii) if the person is an individual—someone other than an employee or agent of the individual; and
 (b) the reliance placed on that information by the person was reasonable in all the circumstances.
Note: This subsection applies in relation to