Co-operatives National Law (NSW)
554Declarations of contravention
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554 Declarations of contravention
554 Declarations of contravention
(cf Corporations Act s 1317E)
(1) If the Supreme Court is satisfied that a person has contravened one of the following provisions, it must make a declaration of contravention—
(a) section 192 (1) (Care and diligence);
(b) section 193 (1) (Good faith);
(c) section 193 (2);
(d) section 194 (1) (Use of position);
(e) section 194 (2);
(f) section 195 (1) (Use of information);
(g) section 195 (3);
(h) section 328 (1) (Contravention by directors of provisions of Part 3.3);
(i) without limiting paragraph (h)—
(i) section 315 (1) of the Corporations Act (Deadline for reporting to members) as applying under section 285 (2) or 328 (1) of this Law;
(ii) section 318 of the Corporations Act (Additional reporting by debenture issuers) as applying under section 288 or 328 (1) of this Law;
(j) any of the following provisions of the Corporations Act relating to debentures as applying under section 337 of this Law—
(i) section 674 (2) (Continuous disclosure—listed disclosing entity bound by a disclosure requirement in market listing rules);
(ii) section 674 (2A);
(iii) section 675 (2) (Continuous disclosure—other disclosing entities);
(iv) section 675 (2A);
(v) section 1041A (Market manipulation);
(vi) section 1041B (1) (False trading and market rigging—creating a false or misleading appearance of active trading etc);
(vii) section 1041C (1) (False trading and market rigging—artificially maintaining etc. trading price);
(viii) section 1041D (Dissemination of information about illegal transactions);
(ix) section 1043A (1) (Prohibited conduct by person in possession of inside information);