Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p28
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 71137–74007

corporation, means:

    (a) if, under the terms of the prospectus, applications for the issue of the securities must be made before a particular time (which may, for example, be a specified time or a time to be determined by the corporation, but which must not be more than 12 months after the issue of the prospectus)—the period starting when the prospectus is issued and ending at that time; or

    (b) in any other case—the period of 12 months starting when the prospectus is issued;

'replacement prospectus' has the meaning given by subsection 1024B(1);

'supplementary prospectus' has the meaning given by subsection 1024A(1);".

4. Paragraph 66(2)(f):

  Omit the paragraph, substitute:

     "(f) the securities are issued or allotted by a listed corporation pursuant to the exercise of an option granted pursuant to a prospectus; or".

5. Sub-subparagraph 66(2)(g)(i)(B):

  Omit the sub-subparagraph, substitute:

      "(B) in satisfaction in whole or in part of dividends payable by that corporation to the holders of existing shares that were issued pursuant to a prospectus; or".

SCHEDULE 2—continued

6. Subparagraph 66(2)(m)(ii):

  Omit the subparagraph, substitute:

  "(ii) the existing interests were issued pursuant to a prospectus; or".

7. Subsection 622(1):

  Omit "or to sell".

8. Subsection 622(3):

  Omit "or to sell".

9. After section 622:

  Insert:

Acquisitions where a section 1043B notice has been lodged

"622A. Section 615 does not apply in relation to an acquisition of shares in a company by purchase pursuant to an invitation to buy the shares or an offer to sell the shares if:

     (a) the offer or invitation was issued or made to, or to persons including, all the members of the company; and

     (b) a notice in respect of the invitation or offer has been lodged under section 1043B; and

     (c) if section 1043C applies to the notice and, because of regulations under that section, the notice is required to be registered by the Commission—the notice has been so registered.".

10. Paragraph 994(a):

  Omit ", or is issued with,".

11. After paragraph 994(a):

  Insert:

      "(aa) contained in a report or memorandum that is issued with the prospectus with the consent or knowledge of a person who authorised or caused the issue of the prospectus; or".

12. Section 994:

  Add at the end:

    "Note: Because of subsection 1024C(2), 1024F(1) or 1024G(3), a prospectus may be taken to include information in another document. Paragraph (b) of this section is not however limited to the situations covered by those subsections.".

13. Subsections 996(1) and (1A):

  Omit the subsections, substitute:

SCHEDULE 2—continued

"(1) A person must not authorise or cause the issue of a prospectus in relation to securities of a corporation if:

  (a) the prospectus has been, or is required to be, lodged under Part