the Court may make such order or orders as it thinks fit including, but
without limiting the generality of the foregoing, one or more of the following
- in the case of persistent or continuing breaches of this Chapter, or of a
law of a State or Territory in this jurisdiction relating to dealing in
futures contracts, or the conditions or restrictions of a licence, or of the
business rules of a futures exchange, clearing house or
futures associationan order restraining a person from carrying on a
business of dealing in futures contracts, acting as a futures adviser, holding
himself, herself or itself out as so carrying on business or so acting, or
from doing an act as a representative of a futures broker or of a
- an order restraining a person from acquiring, disposing of or otherwise
dealing in any class of futures contracts that is specified in the order;
- an order appointing a receiver of property of a futures broker or of
property that is held by a futures broker for or on behalf of another person,
whether as trustee or otherwise;
- an order declaring a futures contract to be void or voidable;
- for the purpose of securing compliance with any other order under this
section, an order directing a person to do or refrain from doing a specified
- any ancillary order deemed to be desirable in consequence of the making of
an order under any of the preceding paragraphs.
(2) Where an application is made to the Court for an order under
subsection (1), the Court may, if in the opinion of the Court it is
desirable to do so, before considering the application, grant an interim
order, being an order of the kind applied for that is expressed to have effect
pending the determination of the application.
(3) Where ASIC makes an application to the Court for the making of an order
under subsection (1), the Court must not require ASIC or any other
person, as a condition of granting an interim order under subsection (2),
to give any undertaking as to damages.
(4) The Court must not make an order under subsection (1) if it is
satisfied that the order would unfairly prejudice a person.
(5) The Court may, before making an order under subsection (1), direct
that notice of the application be given to such persons as it thinks fit or
direct that notice of the application be published in such manner as it thinks
fit, or both.
(6) A person appointed by order of the Court under subsection (1) as a
receiver of property of a futures broker:
- may require the broker to
deliver to the person any property of which the person has been appointed
receiver or to give to the person all information concerning that property
that may reasonably be required; and
- may acquire and take possession of any property of which the person has
been appointed receiver; and
- may deal with any property that the person has acquired or of which the
person has taken possession in any manner in which the broker might lawfully
have dealt with the property; and
- has such other powers in respect of the property as the Court specifies in
(7) In paragraph (1)(e) and subsection (6), property , in relation
to a futures broker, includes money or other property entrusted to or received
on behalf of any other person by the broker or another person in the course of
or in connection with a business of dealing in futures contracts carried on by
the futures broker.
(8) A person must not, without reasonable excuse, contravene:
- an order
under this section that is applicable to the person; or
- a requirement of a receiver appointed by order of the Court under
(9) The Court may rescind, vary or discharge an order made by it under this
section or suspend the operation of such an order.