Document ID: chunk:federal_register_of_legislation:C2025C00115:section:40
Version: federal_register_of_legislation:C2025C00115
Segment Type: section
Provision Reference: s 40
Character Range: 42741–43582

40  Trigger proposal must not be carried out before a go‑ahead decision is given
  If:
 (a) a person carries out a trigger proposal; and
 (b) the Minister did not give a go‑ahead decision in relation to the proposal before the relevant acquisition occurred or the relevant arrangement was entered into;
the person commits an offence punishable on conviction by imprisonment for a period not exceeding 2 years.
Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.

Division 3—Go‑ahead decisions