Document ID: chunk:federal_register_of_legislation:C2025C00115:section:63
Version: federal_register_of_legislation:C2025C00115
Segment Type: section
Provision Reference: s 63
Character Range: 60291–62743

63  Federal Court may enforce Ministerial orders
 (1) If a person (in this section called the offender) has contravened an order made under Part 3 or 4, the Federal Court may make such order or orders as it thinks fit to achieve the purpose for which the order was made by the Minister.
 (2) The Federal Court's order:
 (a) may only be made on the application of the Minister; and
 (b) may be made whether or not the contravention by the offender continues; and
 (c) may be made even if other proceedings in respect of that contravention have been or are to be instituted.
 (3) The Federal Court's orders include, but are not limited to:
 (a) an order restraining the exercise of any rights attached to shares or assets held by the offender; or
 (b) an order prohibiting or deferring the payment of any sums due to the offender in respect of shares or assets held by the offender; or
 (c) an order directing the disposal of shares or assets held by the offender; or
 (d) an order that any exercise of rights attached to shares or assets held by the offender be disregarded; or
 (e) an order prohibiting a person from acting as a director of an Australian‑registered insurance company or from being involved in the management of an Australian‑registered insurance company; or
 (f) an order directing an Australian‑registered insurance company to make such alterations of any of its constituent documents as are specified in the order.
 (4) In addition to the powers conferred on the Federal Court by the preceding provisions of 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.
 (5) The Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
 (6) 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.
 (7) A reference in this section to an asset includes a reference to any or all of the interests, rights or benefits of an Australian‑registered insurance company under a contract of insurance where the company is or was the insurer.

Part 6—Anti‑avoidance