Document ID: chunk:federal_register_of_legislation:C2004A02473:body:0:p8
Version: federal_register_of_legislation:C2004A02473
Segment Type: other
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Character Range: 17327–20032

do a particular act or thing, the power of the Court to grant the injunction may be exercised—
            (a) if the Court is satisfied that the person has refused or failed to do that act or thing— whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
            (b) if it appears to the Court that, in the event that an injunction is not granted, it is likely the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind."; and
       (e) by omitting sub-section (6) and substituting the following sub-section:
       "(6) Where the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.".
PART III—AMENDMENTS CONSEQUENTIAL ON ENACTMENT OF COMPANIES ACT 1981

Interpretation
29. Section 4 of the Principal Act is amended—
    (a) by omitting paragraph (a) from the definition of "exempt dealer" in sub-section (1) and substituting the following paragraph:
       "(a) a corporation in respect of which a declaration made under paragraph 97 (7) (b) of the Companies Act 1981 is in force;";
    (b) by omitting "Companies Ordinance 1962" from the definition of "registered company auditor" in sub-section (1) and substituting "Companies Act 1981"; and
    (c) by omitting from sub-section (7) "Companies Ordinance 1962" and "that Ordinance" and substituting "Companies Act 1981" and "that Act" respectively.

Disclosure to Commission
30. Section 12 of the Principal Act is amended by omitting from paragraph (3a) (c) "Division 3a of Part IV of the Companies Ordinance 1962" and substituting "Division 4 of Part IV of the Companies Act 1981".

Grant of dealers licence or investment advisers licence
31. Section 48 of the Principal Act is amended by omitting sub-paragraphs (b) (i) and (ii) and substituting the following sub-paragraphs:

    "(i) the body corporate is not under official management, or in the course of being wound up, under the Companies Act 1981 or a previous corresponding law of the Territory or under a corresponding law, or a previous corresponding law, of a State or of another Territory;
    (ii) the body corporate is not a body corporate in respect of the property, or part of the property, of which