Securities and Futures Act 2001 · 2020 Revised Edition · Part 7 · Disclosure of Interests
137Z. Penalties under this Subdivision
Feedback & supportLast amended by an amending law of 2009.
Any director or chief executive officer of the responsible person for a real estate investment trust who —
director
“director” has the meaning given by section 4(1) of the Companies Act 1967;
intentionally or recklessly contravenes section 137Y(1) or (2); or
in purported compliance with section 137Y, provides any information which he or she 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 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.
Any director or chief executive officer of the responsible person for a real estate investment trust who —
officer
“officer” has the meaning given by section 4(1) of the Companies Act 1967;
contravenes section 137Y(1) or (2); or
in purported compliance with section 137Y, 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.
No proceedings shall be instituted against a person for an offence under this section after ––
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
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.