- Laws of Fiji

Last Updated: 24 June 2022

[COM 663] General defences for all disclosure documents663

663

(1) A person does not commit an offence against section 660, and is not liable under section 661 for a contravention of section 660, because of a misleading or deceptive statement in, or an omission from, a disclosure document if the person proves that they placed reasonable reliance on information given to them by—

(a)if the person is a body, someone other than a director, employee or agent of the body; or
(b)if the person is an individual, someone other than an employee or agent of the individual.

(2) For the purposes of subsection (1), a person is not the agent of a body or individual merely because they perform a particular professional or advisory function for the body or individual.

(3) A person who is named in a disclosure document as—

(a)being a proposed director or underwriter;
(b)making a statement included in the document; or
(c)making a statement on the basis of which a statement is included in the document,

does not commit an offence against section 660, and is not liable under section 661 for a contravention of section 660, because of a misleading or deceptive statement in, or an omission from, a disclosure document if the person proves that they publicly withdrew their consent to being named in the document in that way.

(4) A person does not commit an offence against section 660, and is not liable under section 661 for a contravention of section 660, because of a new circumstance that has arisen since the disclosure document was lodged if the person proves that they were not aware of the matter.