Corporations Amendment (No. 1) Act 2010 (131 of 2010)

Schedule 1   Amendments

Corporations Act 2001

15   After subsection 1041B(1)

Insert:

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

(a) intention is the fault element for the physical element consisting of doing or omitting to do an act as mentioned in that subsection; and

(b) recklessness is the fault element for the physical element consisting of having, or being likely to have, the effect of creating, or causing the creation of, a false or misleading appearance as mentioned in that subsection.

Note 1: For intention , see section 5.2 of the Criminal Code.

Note 2: For recklessness , see section 5.4 of the Criminal Code.