Document ID: chunk:federal_register_of_legislation:F2024C00455:body:0:p11
Version: federal_register_of_legislation:F2024C00455
Segment Type: other
Provision Reference: 
Character Range: 25697–28449

holders of which the bidder sent offers under item 6 of subsection 633(1) and for which the bidder has obtained a copy of a register including the name and address of each person who, at a time subsequent to the time specified by the bidder under subsection 633(2), held securities or derivatives in the class—the following persons:
                  (A) each person (other than the bidder) on the most recent register obtained by the bidder to whom the bidder would have had to send the bidder's statement and offers under item 6 of subsection 633(1) if the date set by the bidder under subsection 633(2) had been the date at which holdings are recorded on that register; and
                  (B) any other person who has accepted the offer in respect of securities or derivatives in the class; and
              (iii) in respect of any other class of securities or derivatives the holders of which the bidder sent offers under item 6 of subsection 633(1)—each person to whom offers were made under the bid because they held securities or derivatives in that class.";
(d) after subsection 650D(3) insert:

"(3A) Notwithstanding subsection (3), a notice under subsection (1) need not be signed if the notice is approved by:
(a) for a bidder that is a body corporate:
(i) if the consideration offered under the bid is a cash sum only—a resolution passed by the directors of the bidder; or
(ii) otherwise—a unanimous resolution passed by all the directors of the bidder; or
(b) for a bidder who is an individual—the bidder.";
(e) omit paragraph 650F(1)(a), substitute:

"(a) if the condition relates only to the happening of an event or circumstance referred to in subsection 652C(1) or (2)—not later than 3 business days after the end of the offer period; or";
(f) omit paragraph 650G(b), substitute:

"(b) the bidder has not declared the offers to be free from the condition within the period before the date applicable under subsection 650F(1); and".

8 Acceptances for securities registered in a clearing and settlement facility
 Chapter 6 of the Act applies to all persons as if Part 6.8 were modified or varied by, after section 653A, inserting:

"653AA Acceptances received by the bidder for securities registered in a clearing and settlement facility

If, under an off-market bid for quoted securities, a bidder receives a written instruction or authority, or both, that:
                   (a) is from a holder of securities registered in a clearing and settlement facility or a person with a right to be registered as a holder of such securities; and
                   (b) is provided for the purpose, and has the effect, of enabling the bidder to effect acceptance of the offer by instructing another person, in accordance with the operating