Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 739

739. (1) Where:

   (a)  a statement that purports to be a Part A statement relating to offers
        under a takeover scheme has been served on a target company or a
        takeover announcement has been made;

   (b)  an application for an order under this section is made to the Court by
        the Commission, the offeror, the target company or a person who holds
        shares in the target company or held shares in the target company when
        the statement was so served or the takeover announcement was made; and

   (c)  the Court is satisfied that a provision of this Chapter has been
        contravened; the Court may make such orders as it thinks necessary or
        desirable to protect the interests of a person affected by the
        takeover scheme or takeover announcement (including a person who is
        the holder of non-voting shares in, or renounceable options or
        convertible notes granted or issued by, the target company).

(2) Where an offeror contravenes a condition specified in a consent given
under section 653, the Court, on the application of the Commission, the target
company, or a person affected by the contravention, may make such orders as
the Court thinks necessary or desirable to protect the interests of a person
affected by the contravention.

(3) The orders that may be made under subsection (1) or (2) include one or
more of the following orders:

   (a)  an order directing:

        (i)    where the Court is acting under subsection (1)-the offeror or
               the target company; or

        (ii)   where the Court is acting under subsection (2)-the offeror;
to supply to the holders of shares in the target company such information as
is specified in the order;

   (b)  where a person has failed to do an act or thing that the person was
        required by this Chapter or the condition to do-an order directing
        that person to do that act or thing within a period specified in the
        order, notwithstanding that the period specified in this Chapter or
        the condition, as the case may be, for the doing of that act or thing
        has ended;

   (c)  a remedial order;

   (d)  for the purpose of securing compliance with any other order made under
        this section, an order directing a person to do or refrain from doing
        a specified act.
(4) In this section, "shares", in relation to a company, includes:

   (a)  non-voting shares in the company; and

   (b)  renounceable options and convertible notes granted or issued by the
        company.