Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p191
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 191/212)
Character Range: 496365–499054

it under a buy-back scheme, a company must lodge with the Commission a written notice that specifies the buy-back scheme and sets out:

SCHEDULE 5—continued

     (a) the total number of shares in relation to which offers made under the buy-back scheme have been accepted; and

     (b) particulars of the total consideration that, under the agreements resulting from the acceptance of such offers, has been or is to be provided for the purchase of those shares.

"(2) Within the notification period in relation to a day on which a buy-back is made otherwise than under a buy-back scheme, the company must lodge with the Commission a written notice that specifies the buy-back and sets out:

  (a) the number of shares bought back; and

     (b) particulars of the consideration that has been or is to be provided for the buy-back.

"(3) Within the notification period in relation to a day on which an agreement constituting a buy-back is rescinded, or is discharged otherwise than by performance, the company must lodge with the Commission a written notice that specifies the agreement and sets out:

  (a) when the agreement was rescinded or discharged; and

  (b) the number of shares to which the agreement related.

"(4) For the purposes of this section, a company lodges a notice within the notification period in relation to a particular day if, and only if, it lodges the notice:

     (a) in the case of a listed body—before 9.30 a.m. on the first day that is later than that day and is a trading day of a notifiable exchange or a business day; or

  (b) otherwise—within 7 days after that day.

Listed company to notify securities exchanges of buy-backs

"206tb. A listed body that section 206ta requires to lodge a notice with the Commission must give to each notifiable exchange, before 9.30 a.m. on the next trading day of that notifiable exchange after the day referred to in subsection 206ta (1), (2) or (3), as the case requires, a copy of the notice.

"Subdivision U—Listed Company to Notify Members about Share
Cancellations

Notifying member whose shares were cancelled

"206ua. A company that is a listed body must, within 2 business days after shares included in a class of voting shares in the company and held by a person are cancelled by force of subsection 206pc (1), send to the person a written notice that:

  (a) states that the shares have been cancelled; and

  (b) specifies the day of the cancellation; and

SCHEDULE 5—continued

     (c) specifies the number of issued shares in that class as at the time immediately after the cancellation.

Notifying members generally

"206ub. (1) Subsection (3) applies where, as at the end of a day on which shares