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COMMONWEALTHAct
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s 11

Acquisitions of shares

In force
Part 2Restrictions on shareholdings in financial sector companies
Division 220% shareholding limit

11 Acquisitions of shares

If:

(a)

a person, or 2 or more persons under an arrangement, acquire shares in a company; and

(b)

the acquisition has the result, in relation to a financial sector company, that:

(i)

an unacceptable shareholding situation comes into existence in relation to the company and in relation to a person; or

(ii)

if an unacceptable shareholding situation already exists in relation to the company and in relation to a person—there is an increase in the stake held by the person in the company; and

(c)

the person or persons mentioned in paragraph (a) were reckless as to whether the acquisition would have that result;

the person or persons mentioned in paragraph (a) commit an offence punishable on conviction by a fine not exceeding 400 penalty units.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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