Document ID: chunk:federal_register_of_legislation:C2025C00185:section:733
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 733
Character Range: 2828736–2830543

733  General defences for all disclosure documents

Reasonable reliance on information given by someone else—statements and omissions
 (1) A person does not commit an offence against subsection 728(3), and is not liable under section 729 for a contravention against subsection 728(1), because of a misleading or deceptive statement in, or an omission from, a disclosure document if the person proves that they placed reasonable reliance on information given to them by:
 (a) if the person is a body—someone other than a director, employee or agent of the body; or
 (b) if the person is an individual—someone other than an employee or agent of the individual.
 (2) For the purposes of subsection (1), a person is not the agent of a body or individual merely because they perform a particular professional or advisory function for the body or individual.

Withdrawal of consent—statements and omissions
 (3) A person who is named in a disclosure document as:
 (a) being a proposed director or underwriter; or
 (b) making a statement included in the document; or
 (c) making a statement on the basis of which a statement is included in the document;
does not commit an offence against subsection 728(3), and is not liable under section 729 for a contravention against subsection 728(1), because of a misleading or deceptive statement in, or an omission from, a disclosure document if the person proves that they publicly withdrew their consent to being named in the document in that way.

Unawareness of new matter
 (4) A person does not commit an offence against subsection 728(3), and is not liable under section 729 for a contravention of subsection 728(1), because of a new circumstance that has arisen since the disclosure document was lodged if the person proves that they were not aware of the matter.