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CORPORATIONS ACT 2001 - SECT 1325A

Orders if contravention of Chapter 6, 6A, 6B or 6C

  (1)   The Court may make any order or orders (including a remedial order) that it considers appropriate if a person:

  (a)   contravenes a provision of Chapter   6, 6A, 6B or 6C; or

  (b)   contravenes a condition on a consent given by ASIC under section   652B; or

  (c)   states in a notice under section   672B about securities that they do not know particular information about:

  (i)   the securities; or

  (ii)   someone who has a relevant interest in, or has given instructions in relation to, the securities.

Note 1:   Section   9 defines remedial order .

Note 2:   Sections   659B and 659C deal with court proceedings during and after a takeover bid.

  (2)   The Court may make any order or orders (including a remedial order) that it considers appropriate if:

  (a)   the consideration offered under a takeover bid is or includes securities; and

  (b)   the offers under the bid or the bidder's statement states or implies that the securities will be able to be traded on a financial market (whether in Australia or elsewhere) and:

  (i)   an application for admission to quotation is not made within 7 days after the start of the bid period; or

  (ii)   permission for admission to quotation is not granted within 7 days after the end of the bid period.

Note:   Section   9 defines remedial order .

  (3)   An order under this section may be made on application by the following:

  (a)   ASIC;

  (b)   the company, or the responsible entity of the registered scheme, whose securities are involved in the contravention;

  (c)   a member or former member of that company or scheme;

  (d)   a person from whom the relevant interest in the securities were acquired;

  (e)   a person whose interests are affected by the contravention.


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