s 330 Duty not to provide false statements to approved exchange, licensed trade repository, approved clearing house, recognised clearing house, authorised benchmark administrator, exempt benchmark administrator and Securities Industry Council
330.—(1) Any person who, with intent to deceive, makes or provides, or knowingly and wilfully authorises or permits the making or provision of, any false or misleading statement or report to any approved exchange, licensed trade repository, approved clearing house, recognised clearing house, authorised benchmark administrator or exempt benchmark administrator, or to any officer of such persons —(a) while carrying on the activity of dealing in capital markets products; (b) relating to a financial instrument; (c) relating to the enforcement of the business rules of an approved exchange, a licensed trade repository or an approved clearing house or the listing rules of an approved exchange; (d) relating to the affairs of an entity or a business trust; (e) relating to a collective investment scheme; (f) relating to the affairs of the trustee‑manager of a registered business trust; (g) relating to a registered business trust which is managed and operated by the trustee‑manager of the registered business trust; or (h) while carrying on the activity of providing information in relation to a designated benchmark, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. [4/2017] (2) Any person who, with intent to deceive, makes or provides or knowingly and wilfully authorises or permits the making or provision of, any false or misleading statement or report to the Securities Industry Council or any of its officers, relating to any matter or thing required by the Securities Industry Council in the exercise of its functions under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (3) In subsection (1)(d), the reference to affairs of an entity or a business trust —(a) in the case of an entity which is a corporation, includes a reference to the matters referred to in section 2(2); and (b) in the case of —(i) an entity which is not a corporation; or (ii) a business trust, refers to such matters as the Authority may prescribe. [4/2017]