Commonwealth Repealed Acts

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This legislation has been repealed.

CORPORATIONS LAW- 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 are to be quoted on a stock market of a securities exchange (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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