Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p22
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 22/24)
Character Range: 155382–158138

is in this Part referred to as the Principal Act.

Interpretation
208. Section 4 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:
"(1a) Where a person is, for the purposes of the Companies (Acquisition of Shares) Act 1980, taken to acquire shares in a company, the person shall, for the purposes of the definition of 'dealing' in sub-section (1), be taken to acquire those shares.".

Disclosure to Commission
209. Section 12 of the Principal Act is amended by omitting sub-section (7) and substituting the following sub-section:
"(7) In this section—
    (a) a reference to disclosing information includes, in relation to information that is contained in a document, a reference to furnishing the document; and
    (b) a reference to an acquisition of securities includes, where a person is, for the purposes of the Companies (Acquisition of Shares) Act 1980, taken to acquire shares in a company, a reference to the acquisition of the shares.".

Power of Court to make certain orders
210. Section 14 of the Principal Act is amended—
    (a) by inserting after sub-section (1) the following sub-sections:
    "(1a) Where an application is made to the Court for an order under sub-section (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.
    "(1b) Where the Commission makes an application to the Court for the making of an order under sub-section (1), the Court shall not require the Commission or any other person, as a condition of granting

    an interim order under sub-section (1a), to give any undertakings as to damages."; and
    (b) by omitting from paragraph (6) (a) "sub-section (1)" and substituting "this section".

Use by dealer of clients' moneys
211. Section 67 of the Principal Act is amended—
    (a) by omitting "deposits moneys with, or lends moneys to," and substituting "lends moneys to";
    (b) by omitting from paragraph (a) "deposited with or"; and
    (c) by omitting from paragraph (b) "deposit or".

Power of Court to restrain dealings with dealer's bank accounts
212. Section 83 of the Principal Act is amended—
    (a) by omitting "the Commission shows to the satisfaction of the Court" and substituting "the Court is satisfied, on application by the Commission"; and
    (b) by adding at the end thereof the following sub-sections:
    "(2) Where an application is made to the Court for an order under sub-section (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order, being an order of the