INSURANCE ACQUISITIONS AND TAKEOVERS ACT 1991 No. 6 of 1992 - SECT 30
Divestment order
INSURANCE ACQUISITIONS AND TAKEOVERS ACT 1991 No. 6 of 1992 - SECT 30
Divestment order
30. (1) If:
(a) a person or company has carried out a trigger proposal; and
(b) the Minister is satisfied that the result of the trigger proposal is
contrary to the public interest;
the Minister may make an order (in this Part called a "divestment order")
directing a person acquiring the shares to dispose of those shares within a
specified time to a person, or to any of the persons, approved in writing by
the Minister.
(2) Before the end of the time specified in a divestment order applicable to a
person (including that time as extended under this subsection), the Minister
may, by notice in writing served on the person, vary the order by extending or
further extending that time.
(3) The Minister must not refuse to approve a person for the purposes of
subsection (1) unless the Minister is satisfied that it would be contrary to
the public interest for that person to acquire the shares concerned.
(4) If:
(a) a person or company is given written advice of a go-ahead decision
before the end of 10 days after the day on which the decision is made;
and
(b) the person or company carries out the proposal concerned; the Minister
must not make a divestment order in relation to the acquisition or
issue unless:
(c) the person or company is convicted of a breach of condition offence in
relation to the acquisition or issue; or
(d) an order is made under section 19B of the Crimes Act 1914 in relation
to the person or company in respect of a breach of condition offence
in relation to the acquisition or issue.