Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p9
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 9/23)
Character Range: 241601–244485

of directors, or the conduct of affairs, of the body corporate;
         (iii) under which the first-mentioned person may acquire from the other person, or the other person may acquire from the first-mentioned person, shares in the body corporate; or
         (iv) under which the first-mentioned person, or the other person, may be required to dispose of shares in the body corporate in accordance with the directions of the other person, or of the first-mentioned person, as the case may be;".

Power of Commission to require production of books
168. Section 8 of the Principal Act is amended—
     (a) by omitting paragraph (1a) (a) and substituting the following paragraph:
         "(a) for the purpose of—
             (i) the performance of a function, or the exercise of a power, by the Commission under a relevant Act (other than the exercise of a power of the Commission under sub-section 6 (3) of the National Companies and Securities Commission Act 1979); or
             (ii) ensuring compliance with the provisions of a relevant Act; or";
     (b) by omitting from sub-paragraph (1a) (b) (i) "such a relevant Act or corresponding law" and substituting "a relevant Act";
     (c) by inserting after sub-section (1a) the following sub-section:
    "(1b) A reference in sub-section (1a) to a relevant Act includes a reference to the provisions of a law of a participating State or participating Territory that correspond with a relevant Act."; and
     (d) by omitting from sub-section (4) "stock exchange" and "stock exchanges" and substituting "securities exchange" and "securities exchanges", respectively.

Disclosure to Commission
169. Section 12 of the Principal Act is amended—
     (a) by omitting from paragraph (3a) (d) "referred to in sub-section 60 (7)" and substituting "of a kind referred to in sub-section 60 (1)"; and
     (b) by omitting from paragraph (3a) (e) "referred to in sub-section 60 (7a)" and substituting "of a kind referred to in sub-section 60 (3)".

170. Section 13 of the Principal Act is repealed and the following section is substituted:

Investigation of certain matters
"13. Where the Commission has reason to suspect that—
     (a) an offence under a provision of a relevant Act or against any other law with respect to dealing in securities; or
     (b) an offence relating to securities that involves fraud or dishonesty,
may have been committed, the Commission may make such investigation as the Commission thinks expedient for the due administration of a relevant Act.".

Power of Court to make certain orders
171. Section 14 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (a) "committed an offence under this Act, or under" and substituting "contravened this Act, or"; and
     (b) by omitting from paragraph (1) (a) "an offence or" and substituting "a".

Interpretation
172. Section 15 of the Principal