554Declarations of contravention (cf Corporations Act s 1317E)

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;

Co-operatives (National Uniform Legislation) Act 2015 334 (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); (x) section 1043A(2); (k) section 588G(2) of the Corporations Act (Director's duty to prevent insolvent trading by company) as applying under section 451 of this Law. (2) A declaration of contravention must specify the following: (a) the court that made the declaration; (b) the civil penalty provision that was contravened; (c) the person who contravened the provision; (d) the conduct that constituted the contravention.