THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.2 - SECURITIES EXCHANGES AND STOCK MARKETS

SECTION 777   POWER OF COURT TO ORDER COMPLIANCE WITH OR ENFORCEMENT OF BUSINESS RULES OR LISTING RULES OF SECURITIES EXCHANGE  

777(1)  [Court may order compliance with rules]  

Where a person who is under an obligation to comply with or enforce the business rules or listing rules of a securities exchange fails to comply with or enforce any of those business rules or listing rules, as the case may be, the Court may, on the application of the Commission, the securities exchange or a person aggrieved by the failure and after giving to the person aggrieved by the failure and the person against whom the order is sought an opportunity of being heard, make an order giving directions concerning compliance with, or enforcement of, those business rules or listing rules to:

(a)  that last-mentioned person; and

(b)  if that person is a body corporate - the directors of that body corporate.

777(2)  [Bodies corporate on official list to comply with rules]  

For the purposes of subsection (1), a body corporate that is, with its agreement, consent or acquiescence, included in the official list of a securities exchange, or an associate of such a body corporate, shall be deemed to be under an obligation to comply with the listing rules of that securities exchange to the extent to which those rules purport to apply in relation to the body corporate or associate, as the case may be.

777(3)  [Comply with listing rules]  

For the purposes of subsection (1), if a disclosing entity that is an undertaking to which interests in a registered scheme relate is, with the responsible entity's agreement, consent or acquiescence, included in the official list of a securities exchange, the responsible entity, or an associate of the responsible entity, is taken to be under an obligation to comply with the listing rules of that securities exchange to the extent to which those rules apply to the responsible entity or associate.

777(4)  [``person aggrieved'']  

For the purposes of subsection (1), if a body corporate fails to comply with or enforce provisions of the business rules or listing rules of a securities exchange, a person who holds securities of the body corporate that are quoted on a stock market of the securities exchange is taken to be a person aggrieved by the failure.

777(5)  [Definition of ``person aggrieved'' not exclusive]  

Subsection (4) does not limit the circumstances in which a person may be aggrieved by a failure for the purposes of subsection (1).