Abstract

http://ssrn.com/abstract=1376209
 
 

Footnotes (67)



 


 



Redefining Market Manipulation in Australia: The Role of an Implied Intent Element


(Robin) Hui Huang


Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

April 10, 2009

Company and Securities Law Journal, Vol. 27, pp. 8-22, 2009

Abstract:     
The Australian market manipulation law has been amended with a view to improving its efficacy. Amongst the major amendments is the removal of the term "intent" from the wording of the relevant provisions. This article argues that despite the change, the intent element is still to be implied into the law. For criminal liability, the Criminal Code supplies the fault elements, albeit some technical problems with its application. This is termed statutorily implied intent approach. In civil penalty cases where the Criminal Code has no operation, intent should be implied through the concept of "artificiality" for a number of reasons. This is dubbed self-implied intent approach as intent is inherently embedded in the concepts of 'artificiality'. It is also submitted that the general intent to be judicially developed through the self-implied intent approach may represent an improvement on the specific intent requirement found in the former provisions.

Number of Pages in PDF File: 15

Keywords: market manipulation, intent, artificiality, civil penalty

JEL Classification: K22

Accepted Paper Series





Download This Paper

Date posted: April 10, 2009  

Suggested Citation

Huang, (Robin) Hui, Redefining Market Manipulation in Australia: The Role of an Implied Intent Element (April 10, 2009). Company and Securities Law Journal, Vol. 27, pp. 8-22, 2009. Available at SSRN: http://ssrn.com/abstract=1376209

Contact Information

(Robin) Hui Huang (Contact Author)
Chinese University of Hong Kong - Faculty of Law ( email )
Shatin, New Territories
Hong Kong
852-39431805 (Phone)
852-29942505 (Fax)
HOME PAGE: http://www.law.cuhk.edu.hk/people/huang-hui-robin.php
University of New South Wales - Faculty of Law ( email )
Sydney, New South Wales 2052
Australia
61-2-9385 9649 (Phone)
61-2-9385 1175 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 993
Downloads: 237
Download Rank: 75,009
Footnotes:  67

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.266 seconds