11Irregularities concerning conversion and registration resolutions

11 Irregularities concerning conversion and registration resolutions

11 Irregularities concerning conversion and registration resolutions

(1) Procedural irregularity does not invalidate resolution without court order An applicable resolution is not invalidated because of any procedural irregularity unless, on an application made under this section, the Supreme Court by order declares the resolution to be invalid (an invalidity order).

(2) Who may apply for invalidity order An application to the Supreme Court for an invalidity order under this section may be made only if no fewer than 200 persons who were eligible to vote at the meeting at which the applicable resolution was passed make the application.

(3) Time for application for order Such an application can only be made to the Supreme Court within—

(a) if the resolution was passed before the date of assent to this Act—the period of 7 days commencing on the date of assent to this Act, or

(b) if the resolution was passed on or after the date of assent to this Act—the period of one month commencing on the date of the passing of the resolution.

(4) Parties to an application The parties to any such application are as follows—

(a) the applicants,

(b) AGL or corporatised AGL (as the case may be),

(c) the Minister.

(5) When Supreme Court may make invalidity order The Supreme Court must not make an invalidity order unless it is of the opinion that—

(a) the irregularity was not, or was not the result of, an accidental omission or non-receipt of a notice required under the constitution of AGL or corporatised AGL (as the case may be), and

(b) the irregularity has caused or may cause substantial injustice.

(6) Supreme Court may enjoin Minister from making conversion order or issuing compliance certificate The Supreme Court may, of its own motion or on the application of a party to an application for an invalidity order in relation to an applicable resolution, make an order that enjoins the Minister from making a conversion order or issuing a compliance certificate (as the case may be) in relation to the resolution until the application for the invalidity order is determined by the Court.