Document ID: chunk:federal_register_of_legislation:C2004A02471:body:0:p5
Version: federal_register_of_legislation:C2004A02471
Segment Type: other
Provision Reference: 
Character Range: 10142–13021

regulations under that Act and the performance of functions and the exercise of powers under that Act or those regulations, with respect to the provisions of, or matters relating to or arising under, this Act—
    (a) references in the Companies Act 1981 or those regulations to documents submitted to, or lodged with, the Commission shall be construed as references to documents submitted to, or lodged with, the Commission under this Act; and

    (b) references in those regulations to the Companies Act 1981 shall be construed as references to that Act as incorporated with this Act by reason of sub-section (1).".

Definitions
13. Section 6 of the Principal Act is amended—
    (a) by omitting "Companies Ordinance 1962" from the definition of "company" and substituting "Companies Act 1981";
    (b) by omitting the definitions of "dealing in securities", "director", "executive officer", "expert", "marketable securities", "nominee corporation" and "officer";
    (c) by adding "and of sub-section 16 (2a)" at the end of the definition of "Part A statement";
    (d) by omitting the definition of "prescribed interest";
    (e) by omitting "sub-section 62 (1) of the Companies Ordinance 1962" from paragraph (a) of the definition of "prescribed occurrence" and substituting "sub-section 121 (1) of the Companies Act 1981"; and
    (f) by omitting the definition of "securities".

Acquisitions to which section 11 does not apply
14. Section 12 of the Principal Act is amended—
    (a) by omitting from sub-paragraph (b) (i) "that contained" and substituting "in relation to";
    (b) by omitting from sub-paragraphs (b) (ii), (c) (iii) and (d) (i) "Companies Ordinance 1962" and substituting "Companies Act 1981 or under the corresponding provisions of a previous law of the Territory";
    (c) by omitting from paragraph (ea) "Part VII of the Companies Ordinance 1962" and substituting "Part VIII of the Companies Act 1981"; and
    (d) by omitting from paragraph (f) "section 270 of the Companies Ordinance 1962" and substituting "section 409 of the Companies Act 1981 or under a corresponding provision of a previous law of the Territory".

Take-over offers
15. Section 16 of the Principal Act is amended—
    (a) by inserting after sub-section (2) the following sub-section:
    "(2a) In addition to the information referred to in Part A of the Schedule, a Part A statement referred to in this section shall—
         (a) in the case of—
             (i) a Part A statement included in a class of Part A statements in relation to which regulations have been made for the purposes of this paragraph;

             (ii) a Part A statement relating to an offer to acquire shares included in a class of offers in relation to which regulations have been made for the purposes of this paragraph; or
             (iii) a Part A statement relating to an offer to acquire shares