Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p20
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 20/23)
Character Range: 269505–272287

which a person is guilty by virtue of this section, means—
         (a) in a case where the information relating to the offence specifies a day in relation to the offence for the purposes of this section, being a day not later than the day on which the information is laid—the day the information so specifies; or
         (b) in any other case—the day on which the information relating to the offence is laid;
     'required' includes directed;
     'secondary derivative offence', in relation to failure to do an act, means an offence or further offence of which a person is, in relation to failure to do the act, guilty by virtue of paragraph (4) (c) or (d);
     'substantive offence', in relation to failure to do an act, means—
         (a) a primary substantive offence in relation to failure to do the act; or
         (b) a further offence of which a person is, in relation to failure to do the act, guilty by virtue of sub-section (3).
"(7) Sub-sections (1) to (6), inclusive, of this section do not apply in relation to an obligation to do an act or thing, being an obligation that arose before the commencement of section 198 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985, and, notwithstanding the repeal effected by that section, section 142 of this Act as in force at any time before that commencement continues to have effect in relation to such an obligation.".

Offences by bodies corporate
199. Section 143 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
"(1) Where a body corporate is guilty of an offence against this Act (other than an offence of which the body corporate is guilty by virtue of sub-section 142 (3) or (4) of this Act as in force after the commencement of section 198 of

the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985)—
     (a) any officer of the body corporate (including a person who has subsequently ceased to be an officer of the body corporate) who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence is guilty of an offence; and
     (b) notwithstanding sub-section 141 (6), the penalty applicable to an offence of which such an officer is guilty by virtue of paragraph (a) of this sub-section is the penalty applicable to the offence of which the body corporate is guilty.

Further amendments relating to securities exchanges
200. The Principal Act is amended as set out in Schedule 3.7

———————

SCHEDULE 1 Section 28
FURTHER AMENDMENTS OF THE COMPANIES (ACQUISITION OF SHARES) ACT 1980 RELATING TO SECURITIES EXCHANGES
Provisions                                                         Amendments
  Section 6 (definitions of "business rules"