Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.5 - POWERS OF COURTS  

SECTION 1325D   CONTRAVENTION DUE TO INADVERTENCE ETC.  

1325D(1)   [ Power of Court to excuse contravention]  

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.

1325D(2)   [ Who may apply]  

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

1325D(3)   [ Limit on orders]  

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.

1325D(4)   [ Relevant circumstances]  

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.

1325D(5)   [ Paramountcy]  

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