Commonwealth Consolidated Acts

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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 201A

Undertakings to the Takeovers Panel

  (1)   In Takeovers Panel proceedings, the Takeovers Panel may accept a written undertaking from a person affected, or likely to be affected, by the proceedings about a matter relevant to the proceedings.

  (2)   The person may withdraw or vary the undertaking at any time, but only with the consent of the Takeovers Panel.

  (3)   If the Takeovers Panel considers that the person has breached any of the terms of the undertaking, the Takeovers Panel may apply to the Court for an order under subsection   (4).

  (4)   If the Court is satisfied that the person has breached a term of the undertaking, the Court may make all or any of the following orders:

  (a)   an order directing the person to comply with that term of the undertaking;

  (b)   any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

  (c)   any other order that the Court considers appropriate.


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