Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p52
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 127382–130081

contravention of a particular section does not include a reference to a contravention of that section during any period during which the contravention cannot constitute an offence.
"(3) Orders may be made under sub-section (1) whether or not any other proceedings have been or are to be instituted.
"(4) Without limiting the generality of sub-section (1), orders made for the purpose referred to in paragraph (1) (a) may include—
     (a) orders directing the disposal of any interest in a company;

     (b) orders prohibiting the acquisition of, or the creation of, an interest in a company; and
     (c) orders prohibiting the disposal of an interest in a company to a specified person or to a person included in a specified class of persons.
"(5) Without limiting the generality of sub-section (1), orders made for the purposes of paragraph (1) (b), where a person has contravened or failed to comply with a direction of the Tribunal made under section 92m, may include—
     (a) orders directing the person, or any other person, to do or refrain from doing specified acts, for the purpose of preventing, remedying or ameliorating any circumstances arising out of the contravention or failure; and
     (b) orders directing that, where a person other than the first-mentioned person does or refrains from doing an act in accordance with an order referred to in paragraph (a), the first-mentioned person is to pay, or reimburse that other person, as the case may be, the whole or a specified part of the cost incurred by that other person.
"(6) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim order pending determination of an application under sub-section (1).
"(7) In addition to any other powers conferred by this section, the Court—
     (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
     (b) has power to make an order containing such ancillary or consequential provisions as the Court thinks just.
"(8) The Court may by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Defences
"92q. It is a defence to a prosecution for a contravention of section 90c, 90f, 90j, 90ja, 92, 92c, 92f, 92faa or 92fab if the defendant satisfies the Court that—
     (a) the contravention arose by reason of circumstances beyond his control or through inadvertence; and
     (b) as soon as practicable after becoming aware of the contravention, he took all reasonable steps with a view to causing the contravention to cease.

Prosecutions
"92r. (1) An offence