38Misuse of information

38 Misuse of information

38 Misuse of information

(1) If, through association with Place Management NSW, a person has knowledge of specific information relating to proposals made, or to be made, by Place Management NSW in respect of the acquisition, development or disposal of land and that information is not generally known but, if generally known, might reasonably be expected to affect materially the market price of that land, the person contravenes this subsection if the person—

(a) deals, directly or indirectly, in that or in any other land for the purpose of gaining an advantage for the person by the use of that information, or

(b) divulges that information for the purpose of enabling another person to gain an advantage by using that information to deal, directly or indirectly, in that or in any other land.

Maximum penalty—20 penalty units.

Note—

The amount for the time being of a penalty unit is specified by section 17 of the Crimes (Sentencing Procedure) Act 1999.

(2) If, through association with Place Management NSW, a person is in a position to influence proposals made, or to be made, by Place Management NSW in respect of the acquisition, development or disposal of land and does influence the proposals by securing the inclusion or alteration of any matter in, or the exclusion or omission of any matter from, the proposals, the person contravenes this subsection if—

(a) the person does so for the purpose of gaining an advantage for the person, or

(b) the person does so for the purpose of enabling another person to gain an advantage.

Maximum penalty—20 penalty units.

(3) If—

(a) a contravention of subsection (1) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, or

(b) a contravention of subsection (2) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, being an advantage which would not have been gained if the proposals concerned had not been influenced,

any person who gained that advantage is, whether or not any person has been prosecuted for or convicted of an offence in respect of a contravention of subsection (1) or (2), liable to another person for the amount of any loss incurred by that other person by reason of the gaining of that advantage.