the body corporate must, within 14 days after so deciding, give to the person,
and to ASIC, a notice in writing setting out the decision and the reasons for
the decision, and the person may, within the period of 21 days beginning when
the notice is so given or within that period as extended by the Court, appeal
to the Court against the decision by filing a written notice of appeal.
(2) A person whose membership of a futures organisation is suspended for a
period:
- (a)
- is taken, for the purposes of paragraph (1)(a), to be a
member of that futures organisation throughout that period; and
- (b)
- is taken, for the purposes of paragraph (1)(b), not to be a member of
that futures organisation at any time during that period.
(3) A person must, on the day on which the person files a notice of appeal
with the Court under subsection (1), lodge a copy of the notice.
(4) Where a body corporate decides as mentioned in paragraph (1)(b),
then:
- (a)
- subject to paragraph (c) of this subsection and to
subsection (6), the decision takes effect at the end of the day on which
a notice relating to the decision is given by the body corporate in accordance
with subsection (1); and
- (b)
- if the person to whom the decision relates appeals to the Court under
subsection (1) against the decisionthe Court may, at any time
before it determines the appeal, make such order as it thinks fit concerning
the effect, pending determination of the appeal, of the decision, including,
without limiting the generality of the foregoing, an order that is subject to
conditions specified in the order; and
- (c)
- an order made by the Court under paragraph (b) has effect
accordingly.
(5) The Court may, after hearing an appeal under subsection (1), dismiss
the appeal or:
- (a)
- in the case of an appeal against a decision to refuse an
application for membershipdecide that the application should be granted,
or should be granted subject to specified conditions; or
- (b)
- in the case of an appeal against a decision to suspend for a period a
person's membershipdecide that the person's membership:
- (i)
- should not be suspended; or
- (ii)
- should be suspended for a specified lesser period; or
- (c)
- in the case of an appeal against a decision to cancel a person's
membershipdecide that the person's membership:
- (i)
- should not be cancelled; or
- (ii)
- should not be cancelled, but should be suspended for a specified period.
(6) Where, on an appeal against a decision of a body corporate, the Court
decides as mentioned in paragraph (5)(a), (b) or (c), then, as from the
day on which the appeal is decided:
- (a)
- the first-mentioned decision ceases
to have effect; and
- (b)
- the decision of the Court has effect, except for the purposes of
subsection (1), as a decision of the body corporate and takes effect
accordingly.