Section 38

makes a statement, promise or forecast which he knows to be misleading, false or deceptive, or dishonestly conceals any materials facts; or

recklessly makes (dishonestly or otherwise) a statement, promise or forecast which is misleading, false or deceptive, shall be guilty of an offence if he makes the statement, promise or forecast or conceals the facts for the purpose of inducing, or is reckless as to whether it may induce, another person (whether or not the person to whom the statement, promise or forecast is made or from whom the facts are concealed) to act or rely on that statement, promise or forecast and shall be liable on conviction to a term of imprisonment not exceeding two years, a fine not exceeding one hundred and fifty thousand dollars or both.