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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 72

Orders in relation to securities of a body corporate

  (1)   If paragraph   71(a) applies, ASIC may make one or more of the following:

  (a)   an order restraining a specified person from disposing of any interest in specified securities of the body corporate referred to in that paragraph;

  (b)   an order restraining a specified person from acquiring any interest in specified securities of the body;

  (c)   an order restraining the exercise of voting or other rights attached to specified securities of the body;

  (d)   an order directing the holder of securities in respect of which an order under this section is in force to give written notice of that order to any person whom the holder knows to be entitled to exercise a right to vote attached to the securities;

  (e)   an order directing the body not to pay, except in the course of winding up, a sum due from the body in respect of specified securities of the body;

  (f)   an order directing the body not to register the transfer or transmission of specified securities of the body;

  (g)   an order directing the body not to issue to a person who holds shares in the body shares that the body proposed to issue to the person:

  (i)   because the person holds shares in the body; or

  (ii)   pursuant to an offer or invitation made or issued to the person because the person holds shares in the body.

  (2)   An offence under subsection   75(5) relating to subsection   (1) of this section is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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