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COMMONWEALTHRegulation
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s 16

Powers of Takeovers Panel

In force
Part 3Takeovers Panel Procedures
Division 1Preliminary

16 Powers of Takeovers Panel

(1)

In addition to any other provision of this Part, the Takeovers Panel may:

(a)

direct that 2 or more related matters are to be considered in Takeovers Panel proceedings; and

(b)

identify the issues to be considered by the Takeovers Panel in its proceedings; and

(c)

give directions to a person about:

(i)

the manner in which a matter may be presented, either orally or in writing, to the Takeovers Panel; and

(ii)

the duration of the time in which the person may address the Takeovers Panel or give evidence in Takeovers Panel proceedings; and

(d)

give directions to parties to lodge with the Takeovers Panel specified documents relating to Takeovers Panel proceedings; and

(e)

give directions to persons about the time at or before which documents must be lodged with the Takeovers Panel; and

(f)

extend the time at or before which documents must be lodged with the Takeovers Panel; and

(g)

invite a person who is not a party to make a submission in relation to Takeovers Panel proceedings; and

(h)

permit a person to amend or withdraw information or evidence given to, or a document lodged with, the Takeovers Panel for the purposes of Takeovers Panel proceedings; and

(i)

direct that Takeovers Panel proceedings be suspended for a period determined by the Takeovers Panel; and

(j)

direct that Takeovers Panel proceedings be deferred until a day determined by the Takeovers Panel.

(2)

In the performance of its functions and the exercise of its powers in relation to Takeovers Panel proceedings, the Takeovers Panel:

(a)

is not bound by the rules of evidence; and

(b)

must consider all relevant information contained in:

(i)

a submission that is lodged with the Takeovers Panel; and

(ii)

other evidence that is given to the Takeovers Panel; and

(c)

must act:

(i)

as fairly and reasonably; and

(ii)

with as little formality; and

(iii)

having regard to the time available before the decision must be made, in as timely a manner;

as the requirements of this Part, and the corporations legislation (other than the excluded provisions), and a proper consideration of the matters before the Takeovers Panel permit.

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