Prosecutions Policy

The Panel has a prosecution function under sections 44, 44B and 44C of the Takeovers Act 1993. This policy applies to any potential prosecution and to any current prosecution under those provisions.

Policy on use of Pecuniary Penalties

If the Panel determines at a formal enforcement hearing under section 32 of the Takeovers Act that a person has contravened the Code, then the Panel may seek an order for a pecuniary penalty under section 33E of the Act. This policy sets out the factors that the Panel will consider in deciding whether to apply to the Court for such an order.