CORPORATIONS ACT 2001 - SECT 1041K Division applies to certain conduct to the exclusion of State Fair Trading Acts provisions

CORPORATIONS ACT 2001 - SECT 1041K

  (1)   This section applies to conduct:

  (a)   that contravenes:

  (i)   section   670A (misleading or deceptive takeover document); or

  (ii)   section   728 (misleading or deceptive fundraising document); or

  (iia)   section   738Y (other liabilities relating to defective CSF offer documents); or

  (iii)   section   1021NA or 1021NB; or

  (b)   that relates to a disclosure document or statement within the meaning of section   953A; or

  (c)   that relates to a disclosure document or statement within the meaning of section   1022A.

For this purpose, conduct contravenes the provision even if the conduct does not constitute an offence, or does not lead to any liability, because of the availability of a defence.

  (2)   This Division operates in relation to conduct to which this section applies to the exclusion of the provisions of the State Fair Trading Act of any State or Territory.