Section 731 — Corporations Act 2001: Due diligence defence for prospectuses

Reasonable inquiries and reasonable belief—statements (1) A person does not commit an offence against subsection 728(3),

and is not liable under section 729 for a contravention of subsection 728(1), because of a misleading or deceptive statement in a prospectus if the person proves that they: (a) made all inquiries (if any) that were reasonable in the circumstances; and (b) after doing so, believed on reasonable grounds that the statement was not misleading or deceptive. Reasonable inquiries and reasonable belief—omissions (2) A person does not commit an offence against subsection 728(3),

and is not liable under section 729 for a contravention of subsection 728(1), because of an omission from a prospectus in relation to a particular matter if the person proves that they: (a) made all inquiries (if any) that were reasonable in the circumstances; and (b) after doing so, believed on reasonable grounds that there was no omission from the prospectus in relation to that matter.