Commonwealth Numbered Acts

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COMPANIES ACT 1981 No. 89 of 1981 - SECT 109

Power to exempt from compliance with Division or to declare that Division applies as if modified

109. (1) The Commission may, by instrument in writing, exempt a person, as
specified in the instrument and subject to such conditions (if any) as are
specified in the instrument, from compliance with all or any of the
requirements of this Division.

(2) A person who is exempted by the Commission, subject to a condition, from
compliance with a requirement of this Division shall not contravene or fail to
comply with the condition.

(3) Where a person has contravened or failed to comply with a condition to
which an exemption under sub-section (1) is subject, the Court may, on the
application of the Commission, order the person to comply with the condition.

(4) The Commission may, by instrument in writing, declare that this Division
shall have effect in its application to or in relation to a particular person
or persons in a particular case as if a provision or provisions of this
Division specified in the instrument were omitted, modified or varied in a
manner specified in the instrument, and, where such a declaration is made,
this Division has effect accordingly.

(5) A copy of an instrument executed under this section shall be published in
the Gazette. 


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