s 44E Notice to Board by 5% controller
44E.—(1) If a person becomes, on or after 1 April 2020, a 5% controller of a designated entity, designated business trust or designated trust, that person must, within 7 days after becoming the 5% controller, give written notice to the Board of that fact.[13/2020] (2) Any person who contravenes subsection (1) shall be guilty of an offence.[13/2020] (3) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that the accused —(a) was not aware of the contravention when it occurred; and (b) notified the Board of the contravention within a period of 14 days after becoming aware of the contravention.[13/2020] (4) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention —(a) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity, designated business trust or designated trust, as the case may be; (b) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity, designated business trust or designated trust, as the case may be; and (c) the accused notified the Board of the contravention within a period of 7 days after the contravention.[13/2020] (5) Except as provided in subsections (3) and (4), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1).[13/2020]