THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.7 - OFFENCES

Division 2 - General

SECTION 1262   FRAUDULENTLY INDUCING PERSON TO DEAL IN FUTURES CONTRACTS  

1262(1)  (Independent effect of subsections)  

A person must not:

(a)  by making or publishing any statement, promise or forecast that the person knows to be misleading, false or deceptive;

(b)  by any dishonest concealment of material facts;

(c)  by the reckless making or publishing (dishonestly or otherwise) of any statement, promise or forecast that is misleading, false or deceptive; or

(d)  by recording or storing in, or by means of, any mechanical, electronic or other device information that the person knows to be false or misleading in a material particular;

induce or attempt to induce another person to deal in a futures contract or a class of futures contracts.

1262(2)-(6)  (Omitted by No 110 of 1990, Sch 1 (effective 18 December 1990).)

1262(7)  [Defence]  

It is a defence to a prosecution for an offence under this section constituted by recording or storing information as mentioned in paragraph (1)(d) if it is proved that, when the defendant so recorded or stored the information, the defendant had no reasonable grounds for expecting that the information would be available to any person.