Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_1325a
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 1325A
Character Range: 482480–484226

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.