Document ID: chunk:federal_register_of_legislation:C2025C00115:section:58
Version: federal_register_of_legislation:C2025C00115
Segment Type: section
Provision Reference: s 58
Character Range: 57223–58740

58  Divestment order
 (1) If:
 (a) a person or company carries out a trigger proposal; and
 (b) the Minister is satisfied that the agreement or alteration is contrary to the public interest;
the Minister may, for remedial purposes, by notifiable instrument, make an order (in this Part called a divestment order) directing specified persons to do within a specified period, or refrain from doing, specified acts or acts of a specified kind.
Note: See section 5 (about what is contrary to the public interest).
 (2) Before the end of the period specified in a divestment order applicable to a person (including that period as extended under this subsection), the Minister may, by notifiable instrument, vary the order by extending or further extending that period.
 (2A) Subsection (2) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a divestment order.
 (3) If:
 (a) a person or company is given written advice of a go‑ahead decision before the end of 10 days after the day on which the decision is made; and
 (b) the person or company carries out the proposal concerned;
the Minister must not make a divestment order in relation to the proposal unless:
 (c) the person or company is convicted of a breach of condition offence in relation to the agreement or alteration; or
 (d) an order is made under section 19B of the Crimes Act 1914 in relation to the person or company in respect of a breach of condition offence in relation to the agreement or alteration.