Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p22
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 22/45)
Character Range: 707933–710472

taking any proceeding under this Act or in relation to an Aboriginal and Torres Strait Islander corporation (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding;
and may make such consequential or ancillary orders as the Court thinks fit.
 (7) An order may be made under paragraph (6)(a) or (c) despite that the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence.
 (8) The Court must not make an order under this section unless it is satisfied:
 (a) in the case of an order referred to in paragraph (6)(a):
 (i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature; or
 (ii) that the person or persons concerned in or party to the contravention or failure acted honestly; or
 (iii) that it is just and equitable that the order be made; and
 (b) in the case of an order referred to in paragraph (6)(c)—that the person subject to the civil liability concerned acted honestly; and
 (c) in every case—that no substantial injustice has been or is likely to be caused to any person.

576‑20  Power of Court to prohibit payment or transfer of money, financial products or other property
 (1) If:
 (a) an investigation is being carried out under this Act in relation to an act or omission by a person, being an act or omission that constitutes or may constitute a contravention of this Act; or
 (b) a prosecution has been begun against a person for a contravention of this Act; or
 (c) a civil proceeding has been begun against a person under this Act;
and the Court considers it necessary or desirable to do so for the purpose of protecting the interests of a person (an aggrieved person) to whom the person referred to in paragraph (a), (b) or (c), as the case may be, (the relevant person), is liable, or may be or become liable, to pay money, whether in respect of a debt, by way of damages or compensation or otherwise, or to account for financial products or other property, the Court may, on application by the Registrar or by an aggrieved person, make one or more of the following orders:
 (d) an order prohibiting a person who is indebted to the relevant person or to an associate of the relevant person from making a payment in total or partial discharge of the debt to, or to another person at the direction or request of, the person to whom the