Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.4 - LIMITS ON INVOLVEMENT WITH LICENSEES  

Division 1A - Limit on control of certain Australian licensees that are not widely held market bodies  

Subdivision D - Other matters  

SECTION 852DS   ACQUISITION OF PROPERTY  

852DS(1)    
A court must not make an order under section 852DE if:

(a)    the order would result in the acquisition of property from a person otherwise than on just terms; and

(b)    the order would be invalid because of paragraph 51(xxxi) of the Constitution.

852DS(2)    
To avoid doubt, this section applies in relation to the making of an order under section 852DE instead of section 1350 .

852DS(3)    
In this section:

acquisition of property
has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms
has the same meaning as in paragraph 51(xxxi) of the Constitution.