THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.11 - CONDUCT IN RELATION TO SECURITIES

Division 2 - Prohibited conduct

SECTION 1001B   CONTINUOUS DISCLOSURE - UNLISTED DISCLOSING ENTITIES  

1001B(1)  [Information having material effect on price]  

If:

(a)  an unlisted disclosing entity becomes aware of information:

(i) that is not generally available; and

(ii) that a reasonable person would expect, if it were generally available, to have a material effect on the price or value of ED securities of the entity; and

(b)  the information is not required to be included in a supplementary disclosure document or a replacement disclosure document in relation to the entity;

the entity must, as soon as practicable, lodge a document containing the information.

1001B(2)  [Contravention]  

An unlisted disclosing entity does not contravene subsection (1) except by an intentional, reckless or negligent act or omission.

1001B(3)  [When contravention an offence]  

A contravention of subsection (1) is only an offence if the failure concerned is intentional or reckless.

1001B(4)  [Application of section]  

For the purposes of the application of this section to an unlisted disclosing entity that is an undertaking to which interests in a registered scheme relate:

(a)  the entity is aware of information if, and only if, the responsible entity is aware of the information; and

(b)  the obligation of the entity to lodge a document under subsection (1) is an obligation of the responsible entity; and

(c)  subsection (2) applies as if the reference in it to an unlisted disclosing entity were instead a reference to the responsible entity.