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In forceAmended2020 Revised Edition
Contents

Part 7 · Disclosure of Interests

137D. Penalties under this Subdivision

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Amended

Last amended by an amending law of 2009.

(1)

Any person who —

(a)

intentionally or recklessly contravenes section 135, 136(1) or (2), 137, 137A or 137B; or

(b)

in purported compliance with section 135, 136, 137 or 137B, provides any information which the person knows is false or misleading in a material particular or is reckless as to whether it is,shall be guilty of an offence and shall —

(c)

in the case of an individual, be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction; or

(d)

in the case of a corporation, be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.

(2)

Any person who —

(a)

contravenes section 135, 136(1) or (2), 137, 137A or 137B; or

(b)

in purported compliance with section 135, 136, 137 or 137B, provides any information which is false or misleading in a material particular,in circumstances other than as set out in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.

(3)

No proceedings shall be instituted against a person for an offence under this section after ––

(a)

a court has made an order against the person for the payment of a civil penalty under section 137ZD in respect of the same contravention; or

(b)

the person has entered into an agreement with the Authority to pay, with or without admission of liability, a civil penalty under section 137ZD(4), in respect of the same contravention.

Report

Part 7A

Short Selling

Part 8

Securities Industry Council and Take‑Over Offers

Part 9

Supervision and Investigation

Part 10

Assistance to Foreign Regulatory Authorities

Part 11

Investor Compensation Scheme

Part 12

Market Conduct

Part 13

Offers of Investments

Part 13A

Modification of Act for Purposes of Dual Listing Boards

Part 14

Appeals

Part 15

Miscellaneous

Schedules