Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1309:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1309 (pt 1/3)
Character Range: 5461652–5464427

1309  False information etc.
 (1) An officer or employee of a corporation who makes available or gives information, or authorises or permits the making available or giving of information, to:
 (a) a director, auditor, member, debenture holder or trustee for debenture holders of the corporation; or
 (b) if the corporation is taken for the purposes of Chapter 2M to be controlled by another corporation—an auditor of the other corporation; or
 (c) an operator of a financial market (whether the market is operated in Australia or elsewhere) or an officer of such a market; or
 (ca) a CSF intermediary;
being information, whether in documentary or any other form, that relates to the affairs of the corporation and that, to the knowledge of the officer or employee:
 (d) is false or misleading in a material particular; or
 (e) has omitted from it a matter or thing the omission of which renders the information misleading in a material respect;
contravenes this subsection.
Note: This subsection applies in relation to CCIVs with modifications: see section 1242D.
 (2) An officer or employee of a corporation who makes available or gives information, or authorises or permits the making available or giving of information, to:
 (a) a director, auditor, member, debenture holder or trustee for debenture holders of the corporation; or
 (b) if the corporation is taken for the purposes of Chapter 2M to be controlled by another corporation—an auditor of the other corporation; or
 (c) an operator of a financial market (whether the market is operated in Australia or elsewhere) or an officer of such a market;
being information, whether in documentary or any other form, relating to the affairs of the corporation that:
 (d) is false or misleading in a material particular; or
 (e) has omitted from it a matter or thing the omission of which renders the information misleading in a material respect;
without having taken reasonable steps to ensure that the information:
 (f) was not false or misleading in a material particular; and
 (g) did not have omitted from it a matter or thing the omission of which rendered the information misleading in a material respect;
contravenes this subsection.
Note: This subsection applies in relation to CCIVs with modifications: see section 1242D.
 (3) The references in subsections (1) and (2) to a person making available or giving, or authorising or permitting the making available or giving of, information relating to the affairs of a corporation include references to a person making available or 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