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 3 - The insider trading prohibitions  

Subdivision B - The prohibited conduct  

SECTION 1043A   PROHIBITED CONDUCT BY PERSON IN POSSESSION OF INSIDE INFORMATION  

1043A(1)   [ Insider trading prohibited]  

Subject to this Subdivision, if:


(a) a person (the insider ) possesses inside information; and


(b) the insider knows, or ought reasonably to know, that the matters specified in paragraphs (a) and (b) of the definition of inside information in section 1042A are satisfied in relation to the information;

the insider must not (whether as principal or agent):


(c) apply for, acquire, or dispose of, relevant Division 3 financial products, or enter into an agreement to apply for, acquire, or dispose of, relevant Division 3 financial products; or


(d) procure another person to apply for, acquire, or dispose of, relevant Division 3 financial products, or enter into an agreement to apply for, acquire, or dispose of, relevant Division 3 financial products.

Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1) ). For defences to a prosecution based on this subsection, see section 1043M .

Note 2: This subsection is also a civil penalty provision (see section 1317E ). For relief from liability to a civil penalty relating to this subsection, see sections 1043N and 1317S .

1043A(2)   [ Communicating information to another prohibited]  

Subject to this Subdivision, if:


(a) a person (the insider ) possesses inside information; and


(b) the insider knows, or ought reasonably to know, that the matters specified in paragraphs (a) and (b) of the definition of inside information in section 1042A are satisfied in relation to the information; and


(c) relevant Division 3 financial products are able to be traded on a financial market operated in this jurisdiction;

the insider must not, directly or indirectly, communicate the information, or cause the information to be communicated, to another person if the insider knows, or ought reasonably to know, that the other person would or would be likely to:


(d) apply for, acquire, or dispose of, relevant Division 3 financial products, or enter into an agreement to apply for, acquire, or dispose of, relevant Division 3 financial products; or


(e) procure another person to apply for, acquire, or dispose of, relevant Division 3 financial products, or enter into an agreement to apply for, acquire, or dispose of, relevant Division 3 financial products.

Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1) ). For defences to a prosecution based on this subsection, see section 1043M .

Note 2: This subsection is also a civil penalty provision (see section 1317E ). For relief from liability to a civil penalty relating to this subsection, see sections 1043N and 1317S .

1043A(3)   [ Physical element; fault element]  

For the purposes of the application of the Criminal Code in relation to an offence based on subsection (1) or (2):


(a) paragraph (1)(a) is a physical element, the fault element for which is as specified in paragraph (1)(b); and


(b) paragraph (2)(a) is a physical element, the fault element for which is as specified in paragraph (2)(b).


 

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