Commonwealth Numbered Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 No. 61, 1997 - SECT 160

Definitions

(1) In this section:
procedural irregularity includes:

   (a)  the absence of a quorum at a meeting of the directors of an RSA
        provider;

   (b)  a defect, irregularity or deficiency of notice or time;
proceeding under this Act means any proceeding, whether a legal proceeding or
not, under this Act.

Effect of irregularities on proceedings

(2) A proceeding under this Act is not invalidated because of any procedural
irregularity unless the Court:

   (a)  is of the opinion that the irregularity has caused or may cause
        substantial injustice that cannot be remedied by any order of the
        Court; and

   (b)  by order declares the proceeding to be invalid.

Effect of failure to give notice etc. on meetings

(3) Subject to subsection (4), none of the following:

   (a)  a meeting held for the purposes of this Act;

   (b)  any proceeding at such a meeting; is invalidated only because of the
        accidental omission to give notice of the meeting or the non-receipt
        by any person of notice of the meeting.

Court may declare proceedings at meeting void

(4) In spite of subsection (3), the Court may declare proceedings at the
meeting to be void on application of:

   (a)  the person concerned; or

   (b)  a person entitled to attend the meeting; or

   (c)  the Commissioner.

Court may make certain orders

(5) Subject to the remainder of this section, but without limiting any other
provision of this Act, the Court may, on application by any interested person,
make all or any of the following orders (either unconditionally or subject to
any conditions imposed by the Court):

   (a)  an order declaring that:

        (i)    any act, matter or thing purporting to have been done; or

        (ii)   any proceeding purporting to have been instituted or taken;
               under this Act or in relation to an RSA provider is not invalid
               because of any contravention of a provision of:

        (iii)  this Act; or

        (iv)   the terms and conditions of an RSA provider;

   (b)  an order relieving a person in whole or in part from any civil
        liability in respect of a contravention mentioned in paragraph (a);

   (c)  an order:

        (i)    extending the period for doing any act, matter or thing or for
               instituting or taking any proceeding under this Act or in
               relation to an RSA provider (including extending a period if it
               ended before the application for the order was made); or

        (ii)   shortening the period for doing such an act, matter or thing or
               for instituting or taking such a proceeding.

Consequential and ancillary orders

(6) The Court may also make any consequential or ancillary order that it
thinks fit.

Orders where offence

(7) An order may be made under paragraph (5)(a) or (b) even though the
contravention referred to in the paragraph concerned resulted in the
commission of an offence.

Restrictions on making orders

(8) The Court must not make an order under this section unless it is
satisfied:

   (a)  in the case of an order referred to in paragraph (5)(a):

        (i)    that the act, matter or thing, or the proceeding, referred to
               in that paragraph is essentially of a procedural nature; or

        (ii)   that the person or persons concerned in or party to the
               contravention or failure acted honestly; or

        (iii)  that it is in the public interest that the order be made; and

   (b)  in the case of an order referred to in paragraph (5)(b)-that the
        person subject to the civil liability concerned acted honestly; and

   (c)  in every case-that no substantial injustice has been or is likely to
        be caused to any person.