Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p22
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 54997–57879

the application of this section to an unlisted disclosing entity that is an undertaking to which prescribed interests relate:

     (a) the entity is aware of information if, and only if, the management company is aware of the information; and

     (b) the obligation of the entity to lodge a document under subsection (1) is an obligation of the management company; and

     (c) subsection (2) applies as if the reference in it to an unlisted disclosing entity were instead a reference to the management company.

Sections 1001A and 1001B—when information is generally available

"1001C.(1) This section has effect for the purposes of sections 1001A and 1001B.

  "(2) Information is generally available if:

SCHEDULE 1—continued

  (a) it consists of readily observable matter; or

    (b) without limiting the generality of paragraph (a), both the following subparagraphs apply:

        (i) it has been made known in a manner that would, or would be likely to, bring it to the attention of persons who commonly invest in securities of a kind whose price or value might be affected by the information; and

        (ii) since it was so made known, a reasonable period for it to be disseminated among such persons has elapsed.

"(3) Information is also generally available if it consists of deductions, conclusions or inferences made or drawn from either or both of the following:

  (a) information referred to in paragraph (2)(a);

  (b) information made known as mentioned in subparagraph (2)(b)(i).

Sections 1001A and 1001B—material effect on price or value

"1001D. For the purposes of sections 1001A and 1001B, a reasonable person would be taken to expect information to have a material effect on the price or value of securities if the information would, or would be likely to, influence persons who commonly invest in securities in deciding whether or not to subscribe for, or buy or sell, the first-mentioned securities.".

93. Subsection 1022(1):

Insert "other than a prospectus to which section 1022AA applies," after "a corporation,".

94. After section 1022:

  Insert:

General provisions applicable to certain prospectuses for quoted ED securities

"1022AA.(1) This section applies to a prospectus in relation to ED securities of a disclosing entity if:

  (a) the securities are quoted ED securities; and

    (b) the securities are in a class of securities that were quoted ED securities at all times in the 12 months before the issue of the prospectus; and

    (c) none of the following applied in relation to the entity at any time in that 12 months:

        (i) an exemption 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