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s 140A

Contravention leading to right to recover loss or damage

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Part 7Shares
Division 3ACompensation for defective disclosure

140A Contravention leading to right to recover loss or damage

(1)

A co‑operative contravenes this subsection if —

(a)

a disclosure statement is given to a person under section 137; and

(b)

there is —

(i)

a misleading or deceptive statement in the disclosure statement or in any application form or document that accompanies the disclosure statement; or

(ii)

an omission from the disclosure statement of material or information that is required to be contained in the statement by or under this Act;

and

(c)

the misleading or deceptive statement or the omission is materially adverse from the point of view of the person to whom it is given.

(2)

A co‑operative contravenes this subsection if —

(a)

a disclosure statement is given to a person under section 137; and

(b)

the disclosure statement is not current (as referred to in section 137A(4)).

[Section 140A inserted: No. 7 of 2016 s. 39.]

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