Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 743

743. (1) Where a person has contravened a provision of this Chapter and, on
application by any interested person, the Court is satisfied that, in all the
circumstances the contravention ought to be excused, the Court may make an
order declaring any act, document or matter not to be invalid because of the
contravention and to have effect, and at all times to have had effect, as if
there had been no such contravention.

(2) If the Court is satisfied that in all the circumstances a contravention of
section 615, 709, 710, 711, 722 or 723 ought to be excused, the Court shall
not make an order under section 737, 741 or 742, as the case may be, other
than:

   (a)  an order restraining the exercise of voting or other rights attached
        to shares; or

   (b)  an order that an exercise of voting or other rights attached to shares
        be disregarded.

(3) The circumstances to which the Court may have regard in deciding whether
or not a contravention of a provision by a person ought to be excused include
the contravention having been due to the person's inadvertence or mistake, to
the person not having been aware of a relevant fact or occurrence or to
circumstances beyond the control of the person.

(4) This section applies notwithstanding anything contained in any other
provision of this Chapter.