Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p48
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 115300–117965

The Court may, on the application of the Minister, the Commission or any other person, if it finds, or has in another proceeding instituted under this Part found, that a corporation has contravened section 50, by order, give directions for the purpose of securing the disposal by the corporation of all or any of the shares or assets acquired in contravention of that section.
"(2) An application under sub-section (1) may be made at any time within 3 years after the date on which the contravention occurred.

Actions for damages.
"82. (1) A person who suffers loss or damage by conduct of another person that was done in contravention of a provision of Part IV or V may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.
"(2) An action under sub-section (1) may be commenced at any time within 3 years after the date on which the cause of action accrued.

Finding in proceedings to be evidence.
"83. In a proceeding against a person under section 82 or in an application under sub-section 87(1a) for an order against a person, a finding of any fact by a court made in proceedings under section 77, 80, 80a or 81, or for an offence against section 79, in which that person has been found to have contravened, or to have been involved in a contravention of, a provision of Part IV or V is prima facie evidence of that fact and the finding may be proved by production of a document under the seal of the court from which the finding appears.".

Defences.
51. Section 85 of the Principal Act is amended—
     (a) by omitting paragraphs (a) and (b) of sub-section (1) and substituting the following paragraphs:—
       "(a) that the contravention in respect of which the proceeding was instituted was due to reasonable mistake;
       (b) that the contravention in respect of which the proceeding was instituted was due to reasonable reliance on information supplied by another person; or
       (c) that—
            (i) the contravention in respect of which the proceeding was instituted was due to the act or default of another person, to an accident or to some other cause beyond the defendant's control; and
            (ii) the defendant took reasonable precautions and exercised due diligence to avoid the contravention."; and
     (b) by omitting sub-section (6) and substituting the following sub-section:—
    "(6) Where, in any proceedings under this Part against a person other than a body corporate, it appears to the Court that the person has or may have engaged in conduct in contravention of a provision of Part IV or in conduct referred to in paragraph 76(1)(b), (c), (d),