Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p152
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 152/212)
Character Range: 400240–402912

The Commission:

     (a) if the transaction referred to in paragraph (1) (a) has been entered into—may, within 90 days after the day on which it was entered into, declare the transaction; or

     (b) otherwise—may declare the proposed transaction referred to in paragraph (1) (a);

to form part of an unacceptable self-acquisition scheme relating to the company.

"(3) The Commission may make a declaration under this section in relation to the scheme even if it has already become entitled on at least one occasion to make such a declaration.

  "(4) A declaration under this section is to be in writing.

"(5) As soon as practicable after making a declaration under this section, the Commission must:

  (a) give a copy of the declaration to the company; and

  (b) cause such a copy to be published in the Gazette.

SCHEDULE 5—continued

"(6) The validity of a declaration is not affected by a contravention of subsection (5).

Commission may make interim orders

"206aae. (1) Subject to this section, where the Commission makes a declaration under section 206aad, it may, even if it has already made at least one order under this section in reliance on the declaration, make, by writing published in the Gazette, one or more of the following:

     (a) an order restraining a specified person from disposing of any interest in specified shares in the company;

     (b) an order restraining a specified person from acquiring any interest in specified shares in the company;

     (c) an order restraining the exercise of voting or other rights attached to specified shares in the company;

     (d) an order directing the holder of shares in respect of which an order under this section is in force to give written notice of that order to any person whom the holder knows to be entitled to exercise a right to vote attached to any of those shares;

     (e) an order directing the company not to make payment, except in the course of winding up, of a sum due from the company in respect of specified shares;

     (f) an order directing the company not to register the transfer or transmission of specified shares;

     (g) an order directing the company not to issue to a person who holds shares in the company shares that the company proposed to issue to the person:

       (i) because the person holds shares in the company; or

         (ii) pursuant to an offer or invitation made or issued to the person because the person holds shares in the company.

"(2) The Commission may, by written order published in the Gazette, vary or revoke an order made under subsection (1).

"(3) A copy of an order under subsection (1) and of any order by which it is revoked