Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1322:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1322 (pt 2/3)
Character Range: 5682956–5685554

on that ground if:
 (a) the Court is of the opinion that:
 (i) a substantial injustice has been caused or may be caused; and
 (ii) the injustice cannot be remedied by any order of the Court; and
 (b) the Court declares the meeting or proceeding invalid.
 (3B) If voting rights are exercised in contravention of subsection 259D(3) (company controlling entity that holds shares in it), the meeting or the resolution on which the voting rights were exercised will only be invalid on that ground if:
 (a) the court is of the opinion that:
 (i) a substantial injustice has been caused or may be caused; and
 (ii) the injustice cannot be remedied by any order of the court; and
 (b) the court declares the meeting or resolution invalid.
 (4) Subject to the following provisions of this section but without limiting the generality of any other provision of this Act, the Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the Court imposes:
 (a) an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Act or in relation to a corporation is not invalid by reason of any contravention of a provision of this Act or a provision of the constitution of a corporation;
 (b) an order directing the rectification of any register kept by ASIC under this Act;
 (c) an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a);
 (d) an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Act or in relation to a corporation (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding;
and may make such consequential or ancillary orders as the Court thinks fit.
 (5) An order may be made under paragraph (4)(a) or (c) notwithstanding that the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence.
 (6) The Court must not make an order under this section unless it is satisfied:
 (a) in the case of an order referred to in paragraph (4)(a):
 (i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature;
 (ii) that the person or persons concerned in or party to the contravention or failure