Corporations Act 2001

CHAPTER 6D - FUNDRAISING  

PART 6D.3 - PROHIBITIONS, LIABILITIES AND REMEDIES (OTHER THAN FOR CSF OFFERS)  

Division 1 - Prohibitions and liabilities  

SECTION 733   GENERAL DEFENCES FOR ALL DISCLOSURE DOCUMENTS  

Reasonable reliance on information given by someone else - statements and omissions

733(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.

733(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

733(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

733(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.