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CORPORATIONS ACT 2001 - SECT 852DE

Remedial orders

  (1)   If an unacceptable control situation exists in relation to a controlled Australian financial body and a person, any of the following courts may make such orders as the court considers appropriate for the purpose of ensuring that the unacceptable control situation ceases to exist:

  (a)   the Federal Court;

  (b)   the Federal Circuit and Family Court of Australia (Division   2);

  (c)   a court of a State or Territory that has jurisdiction in relation to the matter.

  (2)   However, the court may only make orders under this section on application by:

  (a)   ASIC; or

  (b)   the body; or

  (c)   a person who has any voting power in the body.

  (3)   Without limiting subsection   (1), the court's orders may include:

  (a)   an order directing the disposal of shares; or

  (b)   an order restraining the exercise of any rights attached to shares; or

  (c)   an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

  (d)   an order that any exercise of rights attached to shares be disregarded; or

  (e)   an order directing any person to do or refrain from doing a specified act, for the purpose of securing compliance with any other order made under this section; or

  (f)   an order containing such ancillary or consequential provisions as the court thinks just.

  (4)   Before making an order under this section, the court may direct that notice of the application:

  (a)   be given to such persons as the court thinks fit; or

  (b)   be published in such manner as the court thinks fit.

  (5)   The court may, by order:

  (a)   rescind, vary or discharge an order made by the court under this section; or

  (b)   suspend the operation of such an order.



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