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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 184

Constitution of Takeovers Panel in relation to particular matters

  (1)   The Takeovers Panel must, for the purposes of the performance or exercise of its functions or powers in relation to a particular matter, be constituted by 3 members in respect of whom a direction is in force under this section in relation to that matter.

  (2)   The President may give directions about the members (the sitting members ) who are to constitute the Takeovers Panel for the purposes of performing or exercising its functions or powers in relation to particular matters.

  (3)   A direction under subsection   (2) must:

  (a)   unless the sitting members include the President--designate one of them as President; and

  (b)   in any case--designate one of the sitting members as Deputy President;

of the Takeovers Panel as constituted in relation to the matter concerned.

  (3A)   The President may give a direction under subsection   (2) whether the President is within or outside Australia.

  (4)   Where the President gives a direction as to the sitting members, he or she may:

  (a)   at any time after the giving of the direction and before the commencement of proceedings in relation to the matter; or

  (b)   if one of those persons ceases to be a member, or ceases to be available for the purposes of proceedings in relation to a matter, during the proceedings or after the completion of the proceedings but before the matter to which the proceedings relate is determined--at any time after the person so ceases to be a member or to be available;

revoke the direction and give a further direction under subsection   (2) as to the additional members.

  (4A)   The regulations may make provision in relation to the constitution of the Takeovers Panel for the purposes of conducting a review under section   657EA or 657EB of the Corporations Act.

  (5)   In this section:

"functions or powers" means functions or powers of the Takeovers Panel under the corporations legislation (other than the excluded provisions).



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