Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1001B

Continuous disclosure—unlisted disclosing entities

(1) 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.

(2) An unlisted disclosing entity does not contravene subsection (1) except by an intentional, reckless or negligent act or omission. (3) A contravention of subsection (1) is only an offence if the failure concerned is intentional or reckless. (4) 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.



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