Takeovers Panel Procedural Rules 2020 (Cth)

Takeovers Panel Procedural Rules 2020

The Takeovers Panel makes the following Rules.

Dated 3 December 2020

Alex Cartel President Takeovers Panel

Contents Part 1 Preliminary 1 Name 2 Commencement 3 Authority 4 Repeal 5 Definitions Part 2 Overview 6 Objectives 7 Application of Rules 8 Guidelines to Rules Part 3 Documents 9 Form 10 Provision of documents 11 Withholding information or documents Part 4 Applications 12 Application under section 657C 13 Application for review of ASIC decision 14 Application for review of Panel decision 15 Withdrawal of an application Part 5 Parties 16 Seeking to become a party 17 Seeking legal representation Part 6 Confidentiality and Publicity 18 Confidentiality 19 Publicity Part 7 Material before the Panel 20 Preliminary submissions 21 Submissions 22 Evidence 23 Conferences Part 8 Decision 24 Date of decision Part 9 Court referrals 25 Referral by Panel to Court 26 Referral by Court to Takeovers Panel Part 10 Panel and Executive 27 Conflict of interest 28 Role of Executive

Part 1 Preliminary

1 Name These Rules are the Takeovers Panel Procedural Rules 2020.

2 Commencement These Rules commence on 1 April 2021.

3 Authority These Rules are made under section 195 of the ASIC Act.

4 Repeal (1) The Procedural Rules to be followed in Panel Proceedings (made on 12 April 2010) (F2010L00948) are repealed. (2) The repeal of the Procedural Rules to be followed in Panel Proceedings (made on 12 April 2010) (F2010L00948) by this section does not affect the continuing operation of those rules to an application made to the Takeovers Panel before these Rules take effect.

5 Definitions In these Rules:

application means an application: (a) under section 657C of the Corporations Act for a declaration of unacceptable circumstances or an order (b) under section 657EA of the Corporations Act for a review of a Panel decision or (c) under section 656A of the Corporations Act for a review of an ASIC decision. ASIC means the Australian Securities and Investments Commission.