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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.5 - POWERS OF COURTS  

SECTION 1325D  CONTRAVENTION DUE TO INADVERTENCE ETC.  

1325D(1)  [Power of Court to excuse contravention]  


The Court may declare that any act, document or matter:


(a) is not invalid merely because a person has contravened a provision of Chapter 6, 6A, 6B or 6C; and


(b) has had effect at all times as if there had been no contravention;

if the Court is satisfied that the contravention ought to be excused in all the circumstances.

1325D(2)  [Who may apply]  


An application for an order under subsection (1) may be made by any interested person.

1325D(3)  [Limit on orders]  


If the Court is satisfied that in all the circumstances a contravention of a provision of Chapter 6, 6A, 6B or 6C ought to be excused, the Court must not make an order under section 1325A, 1325B or 1325C other than:


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


(b) an order that an exercise of voting or other rights attached to securities be disregarded.

1325D(4)  [Relevant circumstances]  


In determining whether or not a contravention of a provision by a person ought to be excused, have regard to the contravention being caused by any of the following:


(a) the person's inadvertence or mistake;


(b) the person not having been aware of a relevant fact or occurrence;


(c) circumstances beyond the control of the person.

1325D(5)  [Paramountcy]  


This section applies notwithstanding anything contained in any other provision of this Chapter.

 



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