THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.7 - OFFENCES

Division 2 - General

SECTION 1260   FALSE TRADING AND MARKET RIGGING  

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1260(1)  (False or misleading appearance)  

A person must not, in this jurisdiction or elsewhere, create, cause to be created, or do anything that is calculated to create, a false or misleading appearance:

(a)  of active dealing in futures contracts on a futures market in this jurisdiction; or

(b)  with respect to the market for, or the price for dealings in, futures contracts on a futures market in this jurisdiction.

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1260(2)  (Fictitious or artificial transactions, etc)  

A person must not, in this jurisdiction or elsewhere, by any fictitious or artificial transactions or devices, maintain, inflate, depress, or cause fluctuations in, the price for dealings in futures contracts on a futures market in this jurisdiction.

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1260(3)  (Intent not conclusive of truth)  

In determining whether a transaction is fictitious or artificial for the purposes of subsection (2), the fact that the transaction is, or was at any time, intended by the parties who entered into it to have effect according to its terms is not conclusive.

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