Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (82 of 2021)

Schedule 2   Continuous disclosure obligations

Part 1   Main amendments

Corporations Act 2001

21   At the end of section 1041H

Add:

(4) If a disclosing entity engages in conduct that:

(a) does not contravene subsection 674A(2), but would contravene that subsection if paragraph 674A(2)(d) contained the same text as paragraph 674(2)(d); or

(b) does not contravene subsection 675A(2), but would contravene that subsection if paragraph 675A(2)(b) contained the same text as paragraph 675(2)(b); or

the disclosing entity's engaging in that conduct does not contravene subsection (1) of this section.

Note: The subsections mentioned in paragraphs (a) and (b) deal with continuous disclosure of information by disclosing entities.

(5) For the purposes of subsections (3) and (4), a person or disclosing entity engages in conduct that contravenes a provision even if engaging in the conduct does not constitute an offence, or lead to a liability, because of the availability of a defence.