Commonwealth Consolidated Acts

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FINANCIAL SECTOR (SHAREHOLDINGS) ACT 1998 - SECT 11

Acquisitions of shares

    If:

  (a)   a person, or 2 or more persons under an arrangement, acquire shares in a company; and

  (b)   the acquisition has the result, in relation to a financial sector company, that:

  (i)   an unacceptable shareholding situation comes into existence in relation to the company and in relation to a person; or

  (ii)   if an unacceptable shareholding situation already exists in relation to the company and in relation to a person--there is an increase in the stake held by the person in the company; and

  (c)   the person or persons mentioned in paragraph   ( a) were reckless as to whether the acquisition would have that result;

the person or persons mentioned in paragraph   ( a) commit an offence punishable on conviction by a fine not exceeding 400 penalty units.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.



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