The Crown in an insider trading prosecution under ss 1002G or 1043A of the Corporations Act 2001 (Cth) is not required to prove that the 'information' possessed by the accused was truthful or a 'factual reality'. The word 'information' in s 1042A bears its ordinary meaning as extended by the inclusive definition and encompasses false or inaccurate statements. However, McLure P's dissent raises the alternative view that there must be a correspondence between the information possessed by the accused and actual inside information within the relevant company, which remains a live issue if the matter proceeds further.
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