Document ID: chunk:federal_register_of_legislation:C2023A00076:clause:5_609a:p2
Version: federal_register_of_legislation:C2023A00076
Segment Type: clause
Provision Reference: sch 5 cl 609A (pt 2/3)
Character Range: 309464–312192

available to all holders of bid class securities or persons on whose behalf bid class securities are held; or
 (ii) otherwise—must be made available to all or specified holders of bid class securities or persons on whose behalf bid class securities are held; and
 (g) in the case where bid class securities are quoted on a prescribed financial market—the terms of the facility provide that the operator of the facility must provide information about acceptances in relation to the facility to the bidder sufficiently regularly to enable the bidder to determine and disclose to the market operator every movement of at least 1% in the aggregate level of the bidder's voting power and the votes attached to securities the subject of acceptances in relation to the facility by 9.30 am on the next trading day after the movement; and
 (h) in the case where bid class securities are not quoted on a prescribed financial market—the terms of the facility provide that the operator of the facility must provide information about acceptances in relation to the facility to the bidder sufficiently regularly to enable to the bidder to determine and disclose to the target any movement in the aggregate level of the bidder's voting power and the votes attached to securities the subject of acceptances in relation to the facility above or below a percentage listed in subsection 654C(1) within 2 business days after the movement; and
 (i) the terms of the facility provide that all participants in the facility participate in the facility on the same terms.

Triggering conditions
 (3) The following conditions are specified for the purposes of subparagraph (2)(e)(ii):
 (a) a condition that, no later than the time that all acceptances in relation to the facility are processed, the bidder has:
 (i) declared the bid free of all conditions; or
 (ii) stated that the bidder will declare the bid free of all conditions;
 (b) a condition that the securities in which the bidder and its associates have a relevant interest together with the securities that are the subject of the facility have exceeded a specified percentage of securities in the bid class;
 (c) a condition that the bidder has notified the operator of the facility in writing that a condition in paragraph (a) or (b) has been satisfied.

Notice requirements
 (4) For the purposes of paragraphs (1)(c) and (d), a notice meets the requirements of this subsection if the notice:
 (a) sets out the aggregate number and percentage of bid class securities:
 (i) in which the bidder and its associates have a relevant interest; and
 (ii) which are subject of acceptances in relation to the facility; and
 (b) discloses the breakdown between the 2 categories in subparagraphs (a)(i)