New South Wales Consolidated Acts

AUSTRALIAN MUTUAL PROVIDENT SOCIETY (DEMUTUALISATION AND RECONSTRUCTION) ACT 1997 - SECT 16

16 Irregularities

(1) Subject to this section but without limiting the generality of any other power that the Supreme Court may have, the Court may, on application by AMP, NHL or any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the Court imposes:

(a) an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Part is not invalid by reason of any contravention of or failure to comply with this Part, or any other law, or a provision of the constitution of any corporation including AMP or by reason of any lack of power or authority of AMP or NHL,

(b) an order directing the rectification of any register kept by AMP,

(c) an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a),

(d) an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Part or in relation to AMP or NHL (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding,

and may make such consequential or ancillary orders as the Court thinks fit.

(2) An order may be made under subsection (1) (a) or (c) even though the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence.

(3) The Court is not to make an order under this section unless it is satisfied:

(a) in the case of an order referred to in subsection (1) (a):

(i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature, or

(ii) that the person or persons concerned in or party to the contravention or failure acted honestly, or

(iii) that it is in the interests of the members of AMP as a whole (including persons who would be members but for resolutions of directors) that the order be made, and

(b) in the case of an order referred to in subsection (1) (c)-that the person subject to the civil liability concerned acted honestly, and

(c) in every case-that no substantial injustice has been or is likely to be caused to any person.