Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p75
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 188055–190875

substituted:

False information, &c.
"564. (1) An officer of a corporation who makes available or furnishes information, or authorises or permits the making available or furnishing of information, to—
     (a) a director, auditor, member, debenture holder or trustee for debenture holders of the corporation;
     (b) in the case of a corporation that is a subsidiary—an auditor of the holding company; or
     (c) a securities exchange in Australia or elsewhere or an officer of such a securities exchange,
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—
     (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,
is guilty of an offence.
Penalty: $10,000 or imprisonment for 2 years, or both.
"(2) An officer of a corporation who makes available or furnishes information, or authorises or permits the making available or furnishing of information, to—
     (a) a director, auditor, member, debenture holder or trustee for debenture holders of the corporation;
     (b) in the case of a corporation that is a subsidiary—an auditor of the holding company; or
     (c) a securities exchange in Australia or elsewhere or an officer of such a securities exchange,
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,
is guilty of an offence.
Penalty: $5,000 or imprisonment for 1 year, or both.
"(3) The references in sub-sections (1) and (2) to a person making available or furnishing, or authorising or permitting the making available or

furnishing of, information relating to the affairs of a corporation include references to a person making available or furnishing, or authorising or permitting the making available or furnishing 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 furnished 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 shall be considered together in determining whether the information was false or misleading.".

Dividends payable