16Challenges to schemes

16 Challenges to schemes

(1)  A person who is, or is reasonably likely to be, affected by a scheme published as referred to in section 14 may, at any time before the scheme commences, apply to the Supreme Court for an order that the scheme is void for want of compliance with this Act.

(2)  The Court may, on or at any time after the making of the application, order that the commencement of the scheme be stayed until further order of the Court.

(3)  The Court, in relation to an application, may –

(a) make an order that a scheme is void for want of compliance with this Act; or

(b) decline to make such an order; or

(c) give directions as to the things that are required to be done in order that a scheme, the commencement of which is stayed under this section, may commence; or

(d) make any other order it thinks fit.

(4)  [Section 16 Subsection (4) inserted by No. 49 of 2016, s. 12, Applied:24 Nov 2016] The Court may not make an order that an interstate scheme is void for want of compliance with this Act on the ground that the scheme fails to comply with Division 2 , but may do so on the ground that the scheme fails to comply with the provisions of the corresponding law of the jurisdiction in which the scheme was prepared that relate to the contents of schemes prepared in that jurisdiction.

(5)  [Section 16 Subsection (5) inserted by No. 49 of 2016, s. 12, Applied:24 Nov 2016] In this section, a reference to a scheme includes, in the case of an interstate scheme, a reference to an instrument amending that scheme.