35Power of Commission to make certain orders

##### 35 Power of Commission to make certain orders (1) Where an investigation is being made under this Division and it appears to the Commission that facts concerning securities to which the investigation relates cannot be ascertained because a prescribed person has failed or refused to comply with a requirement of an inspector, the Commission may, by instrument in writing published in the Gazette, make one or more of the following orders: (a) an order restraining a specified person from disposing of any interest in specified securities; (b) an order restraining a specified person from acquiring any interest in specified securities; (c) an order restraining the exercise of voting or other rights attached to specified securities; (d) an order directing a person who is registered as the holder of securities in respect of which an order under this section is in force to give notice in writing of that order to any person whom he knows to be entitled to exercise a right to vote attached to those securities; (e) an order directing a body corporate not to make payment, except in the course of winding up, of a sum due from the body corporate in respect of specified securities; (f) an order directing a body corporate not to register the transfer or transmission of specified securities; (g) an order directing a body corporate not to issue shares to a person who holds shares in the body corporate, being shares that were proposed to be issued to the person by reason of his holding shares in the body corporate or pursuant to an offer or invitation made or issued to him by reason of his holding shares in the body corporate. (2) The Commission may, by instrument in writing published in the Gazette, vary or revoke an order made under subsection (1). (3) A copy of an order under subsection (1) and of any order by which it is revoked or varied shall be served: (a) on any person to whom the order is directed; and (b) where it relates to specified securities: (i) on the body corporate by which the securities were issued or made available; (ii) where the securities are rights or options, on the body corporate against which the right or option is, or would be, enforceable; or (iii) on the body corporate that will issue or make available the securities. (4) Where an order made under subsection (1) is in force, a person aggrieved by the order may apply to the Court for variation or revocation of the order, and the Court may, if it is satisfied that it is reasonable to do so, vary the order or revoke the order and any order by which it has been varied. (5) A person who contravenes or fails to comply with an order under subsection (1) is guilty of an offence.