Document ID: chunk:federal_register_of_legislation:C2023C00427:clause:2_30
Version: federal_register_of_legislation:C2023C00427
Segment Type: clause
Provision Reference: sch 2 cl 30
Character Range: 45333–47248

30  Remedial orders
(1) If an unacceptable ownership situation exists in relation to a Medibank Private company, the Federal Court may, on application by the Minister for Finance or the company, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist.
(2) The Federal Court's orders include:
 (a) an order directing the disposal of shares; or
 (b) an order restraining the exercise of any rights attached to shares; or
 (c) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or
 (d) an order that any exercise of rights attached to shares be disregarded.
(3) Subitem (2) does not, by implication, limit subitem (1).
(4) In addition to the Federal Court's powers under subitems (1) and (2), the court:
 (a) has power, for the purpose of securing compliance with any other order made under this item, to make an order directing any person to do or refrain from doing a specified act; and
 (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just.
(5) The Federal Court may, before making an order under this item, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
(6) The Federal Court may, by order, rescind, vary or discharge an order made by it under this item or suspend the operation of such an order.
(7) The Federal Court must not make an order under this item if:
 (a) the order would result in the acquisition of property from a person otherwise than on just terms; and
 (b) the order would be invalid because of paragraph 51(xxxi) of the Constitution.
(8) In subitem (7):
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.