Commonwealth Numbered Acts

COMPANIES AND SECURITIES LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 1985

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Principal Act  
   4.      Definitions  
   5.      Acquisition and disposal of, and entitlement to, shares, and associated persons  
   6.      Other interpretative and evidentiary provisions  
   7.       
   8.      Relevant interests in shares  
   9.      Acquisition of shares permitted in certain circumstances  
   10.     Acquisition of not more than 3 percent of voting shares permitted in each 6 months  
   11.     Take-over offers  
   12.     Take-over announcements  
   13.     Registration of Part A statements and offers  
   14.      
   15.     Variation of take-over offers  
   16.     Declaration where take-over offers are conditional  
   17.     Repeal of section 29  
   18.      
   19.     Provisions relating to dissenting shareholders  
   20.     Orders where prohibited acquisitions take place  
   21.     Orders where offers not dispatched pursuant to Part A statement  
   22.     Orders to protect interests of certain persons  
   23.     Miscellaneous provisions relating to orders  
   24.      
   25.     Offences  
   26.     Repeal of sections 54, 63 and 64  
   27.     Schedule  
   28.     Further amendments relating to securities exchanges  
   29.     Principal Act  
   30.     Interpretation  
   31.     Affairs of a corporation  
   32.     Relevant interests in shares  
   33.     Associated persons  
   34.     Power of Commission to require production of books  
   35.      
   36.     Registration of auditors  
   37.     Registration of liquidators  
   38.     Notification of certain matters  
   39.     Powers of Board in relation to auditors and liquidators  
   40.     Proceedings at hearings  
   41.     Notice of Board's decision  
   42.     Time when Board's decision comes into effect  
   43.     Appeal from decision of Board  
   44.     Registers  
   45.     Formation of companies  
   46.     Amendment of Division heading  
   47.      
   48.     Legal capacity  
   49.     Restrictions on companies  
   50.     Repeal of section 68B  
   51.     Alterations of memorandum  
   52.      
   53.     Contents of prospectuses  
   54.     Certain notices, &c., not to be published  
   55.     Application and interpretation  
   56.     Substantial shareholdings and substantial shareholders  
   57.      
   58.     Powers of Court with respect to defaulting substantial shareholder  
   59.     Approval of deeds  
   60.      
   61.     Interpretation  
   62.      
   63.      
   64.     Publication of name  
   65.     Vacation of office  
   66.      
   67.     Loans to directors  
   68.     General duty to make disclosure  
   69.     Benefits for loss of, or retirement from, office  
   70.     Register of directors, principal executive officer and secretaries  
   71.     Register of Disqualified Company Directors and Other Officers  
   72.      
   73.     Register and index of members  
   74.     Trustee, &c., may be registered as owner of shares  
   75.     Power of company to obtain information as to beneficial ownership of its shares  
   76.     Powers of Court  
   77.      
   78.     Interpretation  
   79.      
   80.     Profit and loss account, balance-sheet, group accounts, & c.  
   81.     Directors' reports  
   82.     Relief from requirements as to accounts and reports  
   83.     Members of company entitled to balance-sheet, & c.  
   84.     Accounts and reports to be laid before annual general meeting  
   85.     Appointment of auditors  
   86.     Powers and duties of auditors as to reports on accounts  
   87.     Interpretation and application  
   88.     Record of examination  
   89.     Admissibility of record of examination in evidence in proceedings against person examined  
   90.     Admissibility in other proceedings of statements at an examination  
   91.     Weight of evidence  
   92.     Credibility of person who made statements  
   93.     Determination of objection to admissibility of statement  
   94.     Power to compromise with creditors and members  
   95.     Powers of receiver  
   96.     Reports by receiver  
   97.     Prosecution of delinquent officers and members  
   98.     Receiver to enjoy qualified privilege in certain circumstances  
   99.     Payments of certain debts out of property subject to floating charge in priority to claims under charge  
   100.    Certain provisions applicable to official management  
   101.    Avoidance of dispositions of property, attachments, & c.  
   102.    Powers of liquidator  
   103.    Reports by liquidator  
   104.    Expenses of winding up where property insufficient  
   105.    Priority payments  
   106.    Debts due to employees  
   107.    Debts of a class to rank equally  
   108.    Advances in respect of wages, retrenchment payments and leave of absence  
   109.    Priority of employees' claims over floating charges  
   110.    Provisions relating to injury compensation  
   111.    Priority where security given for payment of taxes  
   112.    Prosecution of delinquent officers and members  
   113.    Publication of name, &c., of recognised company or recognised foreign company  
   114.    Unregistered foreign company not to establish place of business or carry on business in the Territory  
   115.    Notice to be lodged where documents, &c., altered  
   116.    Balance-sheets and other documents  
   117.    Publication of name, &c., of foreign company  
   118.    Service of documents on recognised company or recognised foreign company  
   119.    Offences by officers of certain companies  
   120.    Offences relating to incurring of debts or fraudulent conduct  
   121.    Falsification of books  
   122.    Court may disqualify person from acting as director, &c., in certain circumstances  
   123.     
   124.    False or misleading statements  
   125.     
   126.    Dividends payable from profits only  
   127.    General penalty provisions  
   128.     
   129.    Officers and other persons in default  
   130.    Regulations  
   131.     Operation of certain Ordinances  
   132.    Schedule 4  
   133.    Further amendments relating to securities exchanges  
   134.    Principal Act  
   135.    Regard to be had to purpose or object of relevant Act  
   136.     
   137.    Definitions  
   138.     
   139.    References to writing, printing and documents  
   140.     
   141.     
   142.    Mention of officer in general terms  
   143.     
   144.    Conferral of power to make, grant or issue an instrument  
   145.    Power to appoint  
   146.     
   147.    References to amended, re-enacted or remade laws  
   148.    Heading to Part III  
   149.    Insertion of Division heading  
   150.     
   151.     
   152.    Principal Act  
   153.    Schedule 1  
   154.    Principal Act  
   155.    Interpretation  
   156.    Membership of Commission  
   157.    Acting appointments  
   158.    Meetings of Commission  
   159.    Divisions of Commission  
   160.    Engagement of consultants  
   161.    Proceedings at hearings  
   162.    Delegation by Commission  
   163.    Repeal of section 50  
   164.    Principal Act  
   165.    Interpretation  
   166.    Relevant interests in securities  
   167.    Associated persons  
   168.    Power of Commission to require production of books  
   169.    Disclosure to Commission  
   170.     
   171.    Power of Court to make certain orders  
   172.    Interpretation  
   173.    Record of examination  
   174.    Record to accompany report  
   175.    Admissibility of record of examination in evidence in proceedings against person examined  
   176.    Admissibility in other proceedings of statements at an examination  
   177.    Weight of evidence  
   178.    Credibility of person who made statements  
   179.    Determination of objection to admissibility of statement  
   180.    Provisions relating to reports  
   181.    Power of Commission to make certain orders  
   182.    Heading to Part III  
   183.    Establishment, &c., of stock markets  
   184.    Power of Ministerial Council to approve stock exchange  
   185.     
   186.    Securities exchanges to provide assistance to Commission  
   187.    Power of Court to order observance or enforcement of business rules or listing rules of securities exchange  
   188.     
   189.    Further provisions relating to revocation and suspension of licences  
   190.    Issue of contract notes  
   191.     
   192.    Short selling  
   193.     
   194.    Dealers' trust accounts  
   195.    Certain matters to be reported to Commission  
   196.    Fraudulently inducing persons to deal in securities  
   197.    Restrictions on use of titles "stockbroker", "sharebroker" and "stock exchange"  
   198.     
   199.    Offences by bodies corporate  
   200.    Further amendments relating to securities exchanges  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3