Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 737

737. (1) Where a person has acquired shares in a company in contravention of
section 615, the Court, on the application of the Commission, the company, a
member of the company or the person from whom the shares were acquired, may
make such order or orders as it thinks just, including but without limiting
the generality of the foregoing:

   (a)  a remedial order; and

   (b)  for the purpose of securing compliance with any other order made under
        this section, an order directing a person to do or refrain from doing
        a specified act.

(2) Where, at the hearing of an application under subsection (1), it is proved
to the satisfaction of the Court that:

   (a)  a person is entitled to shares in a company because another person who
        is an associate of the first-mentioned person has a relevant interest
        in those shares; and

   (b)  that other person became entitled to that relevant interest because of
        an acquisition of shares (whether in that company or in another body
        corporate) that took place within 6 months ending on the day
        immediately before the day on which the application was filed with the
        Court; then, in determining for the purposes of the application
        whether the acquisition referred to in paragraph (b) was made in
        contravention of section 615, the proof to the satisfaction of the
        Court of the matters mentioned in paragraphs (a) and (b) constitutes
        prima facie evidence that the other person was an associate of the
        first-mentioned person immediately after the acquisition took place.