35Persons who may apply

1. Where the Panel makes a determination under section 32(3)(b) (a determination that the Panel is not satisfied that a person has acted or is acting or intends to act in compliance with the takeovers code) the following persons may, subject to subsection (2), make an application to the court under section 33F, 33I, or 33K:

2. the Panel:
3. if the code company's financial products are, or were at any material time, quoted on a licensed market, the licensed market operator:
4. the code company concerned:
5. a member or financial product holder of the code company concerned:
6. a person who was a member or financial product holder of the code company concerned at the time that the conduct to which the application relates occurred:
7. a person who, at any time within the period of 6 months before the making of the application, has made an offer or offers to acquire financial products in the code company in accordance with the takeovers code:
8. with the leave of the court, any other person.

9. A person referred to in any of paragraphs (b) to (f) of subsection (1) is not entitled to make an application to the court unless—

10. the Panel has consented to the making of the application; or
11. that person has requested the Panel in writing to make an application to the court itself and the Panel has not made such an application before the expiration of 10 days after receiving the request.

12. Where a request is made to the Panel to hold a meeting under section 32(1) and the Panel does not, within 14 days after receiving the request, make a determination under section 32(3), the following persons may make an application to the court under section 33F, 33I, or 33K—

13. if the code company's financial products are, or were at any material time, quoted on a licensed market, the licensed market operator:
14. the code company concerned:
15. a member or financial product holder of the code company concerned:
16. a person who was a member or financial product holder of the code company concerned at the time that the conduct to which the application relates occurred:
17. a person who, at any time within the period of 6 months before the making of the application, has made an offer or offers to acquire financial products in the code company in accordance with the takeovers code:
18. with the leave of the court, any other person.

19. If the Panel makes a determination under section 32(3)(b) (a determination that the Panel is not satisfied that a person has acted or is acting or intends to act in compliance with the takeovers code), the Panel may make an application to the court under section 33M.