CORPORATIONS ACT 2001 - SECT 1325D Contravention due to inadvertence etc.

CORPORATIONS ACT 2001 - SECT 1325D

  (1)   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.

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

  (3)   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.

  (4)   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.

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