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Financial Sector (Shareholdings) Bill 1998

Part 5 Offences

   

37   False or misleading statements

                   A person is guilty of an offence if:

                     (a)  the person makes a statement (whether orally, in a document or in any other way); and

                     (b)  the statement:

                              (i)  is false or misleading in a material particular; or

                             (ii)  omits any matter or thing without which the statement is misleading in a material particular; and

                     (c)  either:

                              (i)  the statement is made to a person who is exercising powers or performing functions under, or in connection with, this Act; or

                             (ii)  the statement is made in purported compliance with a requirement covered by paragraph 26(1)(c).

Penalty:  Imprisonment for 6 months.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

38   Incorrect records

                   A person is guilty of an offence if:

                     (a)  the person is subject to a requirement covered by paragraph 26(1)(a); and

                     (b)  in purported compliance with that requirement, the person makes a record of any matter or thing; and

                     (c)  the person makes the record in such a way that it does not correctly record the matter or thing.

Penalty:  Imprisonment for 6 months.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

39   Indictable offences

                   An offence against section 11, 24 or 31 is an indictable offence.

40   Application of Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

41   Service of summons or process on foreign corporations—criminal proceedings

             (1)  This section applies to a summons or process in any criminal proceedings under this Act, where:

                     (a)  service of the summons or process is required to be served on a body corporate incorporated outside Australia; and

                     (b)  the body corporate does not have a registered office or a principal office in Australia; and

                     (c)  the body corporate has an agent in Australia.

             (2)  Service of the summons or process may be effected by serving it on the agent.

             (3)  Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901 .

Note:          Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.

             (4)  In this section:

criminal proceeding includes a proceeding to determine whether a person should be tried for an offence.