Section 1325A — Corporations Act 2001: Orders if contravention of Chapter 6, 6A, 6B or 6C
Text of the provision Official document
(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.
Official source: Federal Register of Legislation
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