Part 1Preliminary provisions
Interpretation
13Miscellaneous interpretation provisions relating to statements and information
In this Act and the regulations, a reference to a statement or other information that is false, misleading, deceptive, or confusing includes a reference to a statement or information that is false, misleading, deceptive, or confusing (as the case may be) by reason of—
- the form or context in which the statement or information is made, published, or provided; or
- the omission of any other information that is material in the form and context in which it is made, published, or provided.
For the purpose of considering whether a PDS, a register entry, or any other document or communication provided under this Act is false, misleading, deceptive, or confusing, a statement or other information must be treated as being included in the PDS, register entry, or other document or communication if it—
- is contained in the PDS, register entry, or document or communication (as the case may be); or
- appears on the face of the PDS, register entry, or document or communication (as the case may be); or
- is contained in any financial statements, report, or other document that accompanies, or is incorporated by reference or referred to in, or distributed with, the PDS, register entry, or document or communication (as the case may be).
For the purposes of this section, if a PDS, a register entry, or any other document or communication specifically identifies a particular page or section of an Internet site or of another document, only that page or section is incorporated by reference or referred to in the PDS, register entry, or other document or communication (except in the prescribed circumstances).
If this Act or the regulations require information or any other matter to be contained or included in a PDS, register entry, or document or communication, the information or other matter may be incorporated by reference only if this is authorised by the regulations.
Notes
- Section 13(1): amended, on , by section 48 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).