available (1) This section has effect for the purposes of sections 1001A
and 1001B.
(2) Information is generally available if:
- (a)
- it consists of readily
observable matter; or
- (b)
- without limiting the generality of paragraph (a), both the following
subparagraphs apply:
- (i)
- it has been made known in a manner that would, or would be likely to,
bring it to the attention of persons who commonly invest in securities of a
kind whose price or value might be affected by the information; and
- (ii)
- since it was so made known, a reasonable period for it to be disseminated
among such persons has elapsed.
(3) Information is also generally available if it consists of deductions,
conclusions or inferences made or drawn from either or both of the following:
- (a)
- information referred to in paragraph (2)(a);
- (b)
- information made known as mentioned in subparagraph (2)(b)(i).