Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p23
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 57601–60494

under section 111AS or 111AT, or a modification under section 111AV;

SCHEDULE 1—continued

        (ii) an exemption under subsection 1084(2), or a declaration under subsection 1084(6), relating to a provision that is a disclosing entity provision for the purposes of Division 4 of Part 1.2A;

        (iii) a subsection of section 409 or 409A; and

     (d) no instrument under subsection (8) is in force that excludes the disclosing entity from this section.

"(2) In addition to the information required by section 1021 to be included in the prospectus, the prospectus must:

     (a) set out the terms and conditions of the offer or invitation contained in the prospectus; and

     (b) contain all such information as investors and their professional advisers would reasonably require, and reasonably expect to find in the prospectus, for the purpose of making an informed assessment of:

        (i) the effect of the offer or invitation on the disclosing entity; and

        (ii) the rights attaching to the securities; and

  (c) contain a statement that:

        (i) explains that the disclosing entity, as such an entity, is subject to regular reporting and disclosure obligations; and

        (ii) advises that copies of documents lodged in relation to the entity may be obtained from, or inspected at, an office of the Commission.

  "(3) The prospectus must:

     (a) subject to paragraph (b)—in relation to each document referred to in subsection (4), include a statement to the effect that the issuer of the prospectus will provide a copy of the document, free of charge, to a person who asks for it in the application period in relation to the prospectus; or

     (b) if a statement under paragraph (a) is not so included in relation to a document referred to in subsection (4)—include, or have attached to it, a copy of the document.

  "(4) These are the documents to which subsection (3) applies:

     (a) the last financial statements for a financial year to be lodged in relation to the disclosing entity before the issue of the prospectus; and

     (b) any other financial statements, and any documents under section 1001B, lodged in relation to the disclosing entity in the period starting after lodgment of the financial statements referred to in paragraph (a) and ending before the issue of the prospectus; and

SCHEDULE 1—continued

     (c) any documents used to notify a securities exchange of information relating to the disclosing entity during that period under provisions of the securities exchange's listing rules referred to in subsection 1001A(1).

"(5) If the prospectus includes a statement under paragraph (3)(a), the issuer of the prospectus must comply with the statement.

  "(6) If:

    (a) there is information relating to the disclosing entity that has not, because of its confidential or prejudicial nature:

        (i) been notified to