Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p42
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 102936–105561

paragraph (3) (a) shall be taken not to be given in accordance with that paragraph and a statutory declaration shall be taken not to accompany an application or notice for the purposes of sub-section (7b), if the notice or statutory declaration, as the case may be, contains a statement (not being a statement as to future events) that—
     (a) is false or misleading in a material particular; or
     (b) is misleading in a material respect by reason of the omission of any matter or thing.
"(7d) On receipt of a notice or application given to or lodged with the Tribunal by a person in pursuance of sub-section (3) or (7a), the Chairman shall—
     (a) if the notice or application does not comply with the requirements of this section—reject the notice or application and give the person such directions as are necessary to ensure that it complies with those requirements; or
     (b) in any other case—accept the notice or application,
and, for the purposes of this Act, the notice or application shall be taken not to be given to or lodged with the Tribunal until it has been so accepted.
"(7e) Where a transaction takes place at a particular time and a person is a prescribed party to the transaction, then, unless—
     (a) immediately before that time, there was in effect a notice given by the person in accordance with paragraph (3) (a) in relation to the transaction; or
     (b) before that time, an application was lodged by the person in accordance with paragraph (3) (b) in relation to the transaction,
the person is guilty of a separate offence in respect of each day (including the day of a conviction under this sub-section or any subsequent day) after that time until—
     (c) the day on which he gives a notice in relation to the transaction in accordance with paragraph (3) (a) (modified so far as is necessary to take account of the fact that the transaction has taken place); or

     (d) the day on which he lodges an application in relation to the transaction in accordance with sub-section (7a).
"(7f) A person who fails to comply with sub-section (7) or (7a) is guilty of a separate offence in respect of each day (including the day of a conviction under this sub-section or any subsequent day) during which the failure continues.
"(7g) In relation to a notice given in relation to a transaction under paragraph (3) (a) that states the maximum number of shares, or the maximum amount of moneys secured by debentures, that will be concerned in the transaction, a reference in this section to the transaction includes a reference to any transaction that differs from that transaction by reason only