52Compulsory notification of trigger proposal

#### 52 Compulsory notification of trigger proposal If: (a) a person or company carries out a trigger proposal; and (b) if subparagraph 51(a)(i) applies—the person did not, before entering into the agreement, give to the Minister a notice in accordance with section 17A stating the person’s intention to enter into the agreement; and (c) if subparagraph 51(a)(ii) applies—the company did not, before the alteration, give to the Minister a notice in accordance with section 17A stating the proposal to make the alteration; and (d) either: (i) the person or company knew that the proposal concerned was a trigger proposal; or (ii) the person or company had reasonable grounds to suspect that the proposal concerned was a trigger proposal but did not make all reasonable efforts to ascertain whether it was a trigger proposal; the person or company commits an offence punishable on conviction by imprisonment for a period not exceeding 2 years. > Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.