QLDIn ForceAct
Transport Infrastructure Act 1994
sec.438ERemedial orders
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### sec.438E Remedial orders
Subsection (2) applies if a person has, or is reasonably suspected by a relevant person of having, a prohibited shareholding interest.
The Supreme Court may, on an application made by the Minister or QR National, make the orders the court considers appropriate to stop the person benefiting from that interest and to procure compliance with this part, including the following orders—
an order directing the disposal of shares;
an order restraining the exercise of any rights attached to shares;
an order prohibiting or deferring the payment of any sums due to a person in relation to shares held by the person;
an order that any exercise of rights attached to shares has no effect.
Without limiting the orders the Supreme Court may make under subsection (2) , the court may—
for the purpose of procuring compliance with any other order made under this section, make an order directing any person to do or refrain from doing a stated act; and
make an order containing the ancillary or consequential provisions the court thinks fit.
The Supreme Court may, before making an order under this section, direct that either or both of the following happen—
notice of the application be given to the persons the court thinks fit;
notice of the application be published in the manner the court thinks fit.
The Supreme Court may, by order, rescind, vary, discharge or suspend the operation of an order made by it under this section.
s 438E ins 2010 No. 19 s 74
(sec.438E-ssec.1) Subsection (2) applies if a person has, or is reasonably suspected by a relevant person of having, a prohibited shareholding interest.
(sec.438E-ssec.2) The Supreme Court may, on an application made by the Minister or QR National, make the orders the court considers appropriate to stop the person benefiting from that interest and to procure compliance with this part, including the following orders— an order directing the disposal of shares; an order restraining the exercise of any rights attached to shares; an order prohibiting or deferring the payment of any sums due to a person in relation to shares held by the person; an order that any exercise of rights attached to shares has no effect.
(sec.438E-ssec.3) Without limiting the orders the Supreme Court may make under subsection (2) , the court may— for the purpose of procuring compliance with any other order made under this section, make an order directing any person to do or refrain from doing a stated act; and make an order containing the ancillary or consequential provisions the court thinks fit.
(sec.438E-ssec.4) The Supreme Court may, before making an order under this section, direct that either or both of the following happen— notice of the application be given to the persons the court thinks fit; notice of the application be published in the manner the court thinks fit.
(sec.438E-ssec.5) The Supreme Court may, by order, rescind, vary, discharge or suspend the operation of an order made by it under this section.
- (a) an order directing the disposal of shares;
- (b) an order restraining the exercise of any rights attached to shares;
- (c) an order prohibiting or deferring the payment of any sums due to a person in relation to shares held by the person;
- (d) an order that any exercise of rights attached to shares has no effect.
- (a) for the purpose of procuring compliance with any other order made under this section, make an order directing any person to do or refrain from doing a stated act; and
- (b) make an order containing the ancillary or consequential provisions the court thinks fit.
- (a) notice of the application be given to the persons the court thinks fit;
- (b) notice of the application be published in the manner the court thinks fit.