Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 995

Misleading or deceptive conduct

(2) A person must not, in or in connection with:

any dealing in securities; or

without limiting the generality of paragraph (a):

the allotment or issue of securities; or
a notice published in relation to securities; or
the making of, or the making of an evaluation of, or of a recommendation in relation to, offers under a takeover bid; or
the carrying on of any negotiations, the making of any arrangements or the doing of any other act preparatory to or in any other way related to any matter referred to in subparagraph (i), (ii) or (iii);
engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

(2A) Conduct that contravenes:

section 670A (misleading or deceptive takeover document); or

section 728 (misleading or deceptive fundraising document);

does not contravene subsection (2). For this purpose, conduct contravenes the provision even if the conduct does not constitute an offence, or does not lead to any liability, because of the availability of a defence.

(3) A person who contravenes this section is not guilty of an offence. (4) Nothing in the following provisions of this Part or in the provisions of Chapter 6D is taken as limiting by implication the generality of subsection (2).

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