Corporations Act 2001
CHAPTER 6D
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FUNDRAISING
PART 6D.3
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PROHIBITIONS, LIABILITIES AND REMEDIES (OTHER THAN FOR CSF OFFERS)
A person referred to in the table in section 729 must notify the person making the offer in writing as soon as practicable if they become aware during the application period that:
(a) a material statement in the disclosure document is misleading or deceptive; or
(b) there is a material omission from the disclosure document of material required by section 710 , 711 , 712 , 713 , 713C , 713D , 713E , 714 or 715 ; or
(c) a material new circumstance that:
For the purposes of subsection (1) of this section, disregard subsection 729(1A) .
An offence based on subsection (1) is an offence of strict liability.
Division 1
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Prohibitions and liabilities
SECTION 730
PEOPLE LIABLE ON DISCLOSURE DOCUMENT TO INFORM PERSON MAKING THE OFFER ABOUT DEFICIENCIES IN THE DISCLOSURE DOCUMENT
730(1)
A person referred to in the table in section 729 must notify the person making the offer in writing as soon as practicable if they become aware during the application period that:
(a) a material statement in the disclosure document is misleading or deceptive; or
(b) there is a material omission from the disclosure document of material required by section 710 , 711 , 712 , 713 , 713C , 713D , 713E , 714 or 715 ; or
(c) a material new circumstance that:
(i) has arisen since the disclosure document was lodged; and
(ii) would have been required by section 710 , 711 , 712 , 713 , 713C , 713D , 713E , 714 or 715 to be included in the disclosure document if it had arisen before the disclosure document was lodged.
[ CCH Note: S 730(1) will be amended by No 69 of 2020, s 3, Sch 1[1122], by inserting " with the Registrar " after " lodged " in para (c)(i) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
730(1A)
For the purposes of subsection (1) of this section, disregard subsection 729(1A) .
730(2)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
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