Corporations Act 2001
CCH note - modifying legislative instruments: The application of Ch 6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Takeover Bids) Instrument 2023/683; the ASIC Corporations (Warrants: Relevant Interests and Associations) Instrument 2023/687; the ASIC Corporations (Replacement Bidder ' s and Target ' s Statements) Instrument 2023/688; and the ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
Note: This Chapter only applies to acquisitions of interests in a CCIV if the CCIV is a listed company: see Division 1 of Part 8B.7 .
View history note
Hide history noteThe Takeovers Panel may review: (a) a decision of ASIC under section 655A ; or (b) a decision of ASIC under section 673 in relation to securities of the target of a takeover bid during the bid period.
For these purposes, decision has the same meaning as in the Administrative Review Tribunal Act 2024 .
656A(2)
An application to the Takeovers Panel for review of the decision may be made by any person whose interests are affected by the decision.
656A(3)
For the purpose of reviewing the decision, the Takeovers Panel may exercise all the powers and discretions conferred on ASIC by this Chapter or Chapter 6C . The Takeovers Panel must make a decision: (a) affirming the decision; or (b) varying the decision; or (c) setting aside the decision and:
(i) making a decision in substitution for the decision under review; or
(ii) remitting the matter for reconsideration by ASIC in accordance with any directions or recommendations of the Takeovers Panel.
656A(4)
The decision must be in writing and published in the Gazette .
656A(5)
If the Takeovers Panel varies an ASIC decision, or makes a decision in substitution for an ASIC decision: (a) the ASIC decision as varied, or the substituted decision, is taken for all purposes (other than the purposes of applications to the Takeovers Panel for review in accordance with this section) to be a decision of ASIC under section 655A ; and (b) when the Takeovers Panel ' s determination on the review comes into operation, the ASIC decision as varied, or the substituted decision, has effect, or is taken to have had effect, on and from the day on which the ASIC decision has or had effect.
Paragraph (b) applies unless the Takeovers Panel otherwise orders.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.