CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.10 - MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES  

Division 2 - The prohibited conduct (other than insider trading prohibitions)  

SECTION 1041K   DIVISION APPLIES TO CERTAIN CONDUCT TO THE EXCLUSION OF STATE FAIR TRADING ACTS PROVISIONS  

1041K(1)  
This section applies to conduct:


(a) that contravenes:


(i) section 670A (misleading or deceptive takeover document); or

(ii) section 728 (misleading or deceptive fundraising document); or

(iia) section 738Y (other liabilities relating to defective CSF offer documents); or

(iii) section 1021NA or 1021NB ; or


(b) that relates to a disclosure document or statement within the meaning of section 953A ; or


(c) that relates to a disclosure document or statement within the meaning of section 1022A .

For this purpose, conduct contravenes the provision even if the conduct does not constitute an offence, or does not lead to any liability, because of the availability of a defence.

1041K(2)  
This Division operates in relation to conduct to which this section applies to the exclusion of the provisions of the State Fair Trading Act of any State or Territory.


 

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