Document ID: chunk:federal_register_of_legislation:C2004A02381:body:0:p5
Version: federal_register_of_legislation:C2004A02381
Segment Type: other
Provision Reference: 
Character Range: 10070–12822

any business carried on by a person who is or has been (either alone or together with another person or other persons) a dealer or an investment adviser and has dealt in, or given advice concerning, as the case may be, relevant securities;

         (v) the financial position of any business carried on by a nominee controlled by a person referred to in sub-paragraph (iii) or jointly controlled by 2 or more persons at least one of whom is a person referred to in that sub-paragraph; or
         (vi) an audit of, or any report of an auditor concerning, any accounts or records of a dealer or of an investment adviser, being accounts or records relating to dealings in relevant securities,
      to disclose to the Commission the information that the person has in relation to the matters concerning which the Commission believes that the person is capable of giving information.
    "(3b) For the purposes of paragraph (3a) (g), 'relevant securities' means—
     (a) in a case to which paragraph (3a) (a), (b), (c) or (d) applies— securities of, or made available by, the body corporate referred to in that paragraph; and
     (b) in a case to which paragraph (3a) (e) applies—securities of, or made available by, the body corporate in relation to shares in which, or affairs of which, the conduct referred to in that paragraph was engaged in.
    "(3c) A person is not excused from disclosing information to the Commission pursuant to a requirement made of him under sub-section (3a) on the ground that the disclosure of the information might tend to incriminate him but, where the person claims before disclosing the information that the information might tend to incriminate him, the information is not admissible in evidence against him in criminal proceedings other than proceedings under this section.";
    "(3d) Where, pursuant to paragraph (3a) (f) or (g), the Commission requires a person to disclose information to the Commission, the Commission shall give, or cause to be given, to the person, at the time when the requirement is made, a notice in the prescribed form setting out the terms of sub-section (3c).";
     (b) by omitting from sub-section (4) "or (3)" and substituting ", (3) or (3a)"; and
     (c) by adding at the end thereof the following sub-sections:
    "(5) A person shall not, in purported compliance with a requirement of the Commission under sub-section (1), (2), (3) or (3a), disclose information, or make a statement, that is false or misleading in a material particular.
       Penalty: $5,000 or imprisonment for 1 year, or both.
    "(6) It is a defence to a prosecution for an offence against sub-section (5) if the defendant proves that he believed on reasonable grounds that the information or statement was