Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p24
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 60227–63028

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 a securities exchange under provisions of the securities exchange's listing rules referred to in subsection 1001A(1); or

      (ii) been included in a document lodged under section 1001B; and

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

        (i) the assets and liabilities, financial position and prospects of the disclosing entity; and

      (ii) the rights attaching to the securities;

the information must be included in the prospectus.

"(7) Paragraph (6)(a) does not create a right not to notify a securities exchange of information, or not to include information in a document, because of the confidential or prejudicial nature of the information.

"(8) The Commission may, by writing, exclude a disclosing entity from this section if the Commission is satisfied that, in the previous 12 months, any or all of the following provisions were contravened in relation to the disclosing entity:

  (a) the provisions of Part 3.6;

  (b) the provisions of Part 3.7;

  (c) section 1001A or 1001B;

  (d) section 1023B;

  (e) section 1024.

"(9) The Commission must cause a copy of an instrument under subsection (8) to be published in the Gazette.

"(10) For the purposes of this section, securities are not in different classes merely because:

     (a) of a temporary difference in the dividend or distribution rights attaching to the securities; or

SCHEDULE 1—continued

  (b) different amounts have been paid up on the securities.".

95. Subsections 1058(5) and (6):

  Omit the subsections, substitute:

"(5) The directors of a relevant guarantor body that has guaranteed the repayment of money raised by the issue, by a borrowing corporation, of debentures (other than debentures of a kind that could be lawfully described under section 1045 as mortgage debentures or certificates of mortgage debenture stock) must:

     (a) within 90 days of the end of a financial year of the body, cause a profit and loss account for that financial year, and a balance-sheet as at the end of that financial year, to be made out and lodged with the Commission and with the trustee for the holders of the debentures (if any); and

     (b) within 75 days of the end of the first 6 months of a financial year of the body, cause a profit and loss account for that 6 months, and a balance-sheet as at the end of that 6 months, to be made out and lodged with the Commission and