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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12BB

Misleading representations with respect to future matters

             (1)  If:

                     (a)  a person makes a representation with respect to any future matter (including the doing of, or the refusing to do, any act); and

                     (b)  the person does not have reasonable grounds for making the representation;

the representation is taken, for the purposes of Subdivision D (sections 12DA to 12DN), to be misleading .

             (2)  For the purposes of applying subsection (1) in relation to a proceeding concerning a representation made with respect to a future matter by:

                     (a)  a party to the proceeding; or

                     (b)  any other person;

the party or other person is taken not to have had reasonable grounds for making the representation, unless evidence is adduced to the contrary.

             (3)  To avoid doubt, subsection (2) does not:

                     (a)  have the effect that, merely because such evidence to the contrary is adduced, the person who made the representation is taken to have had reasonable grounds for making the representation; or

                     (b)  have the effect of placing on any person an onus of proving that the person who made the representation had reasonable grounds for making the representation.

             (4)  Subsection (1) does not by implication limit the meaning of a reference in this Division to:

                     (a)  a misleading representation; or

                     (b)  a representation that is misleading in a material particular; or

                     (c)  conduct that is misleading or is likely or liable to mislead;

and, in particular, does not imply that a representation that a person makes with respect to any future matter is not misleading merely because the person has reasonable grounds for making the representation.



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