Section 730 — Corporations Act 2001 (Cth)

(1) A person referred to in the table in section 729 must notify the person making the offer in writing as soon as practicable if they become aware during the application period that:

(a) a material statement in the disclosure document is misleading or deceptive; or

(b) there is a material omission from the disclosure document of material required by section 710, 711, 712, 713, 713C, 713D, 713E, 714 or 715; or

(c) a material new circumstance that:

(i) has arisen since the disclosure document was lodged; and

(ii) would have been required by section 710, 711, 712, 713, 713C, 713D, 713E, 714 or 715 to be included in the disclosure document if it had arisen before the disclosure document was lodged.

(1A) For the purposes of subsection (1) of this section, disregard subsection 729(1A).

(2) An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Related sections

• s 727 — Offering securities without a current disclosure document
• s 728 — Misstatement in, or omission from, disclosure document
• s 729 — Right to recover for loss or damage resulting from contravention
• s 731 — Due diligence defence for prospectuses
• s 732 — Lack of knowledge defence for offer information statements and profile statements
• s 733 — General defences for all disclosure documents

Research how courts apply s 730

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.