Document ID: chunk:federal_register_of_legislation:F2023C00832:body:0:p7
Version: federal_register_of_legislation:F2023C00832
Segment Type: other
Provision Reference: 
Character Range: 15144–17897

price may change between the date of the offer and the date when the shares or interests are issued to an applicant under the purchase plan, and the effect this would have on the price or value of the shares or interests which the applicant would receive; and
       (f) the issuer has either:
(i) not more than 30 days before the offer, given a notice to ASX that complies with subsection 708A(6) or 1012DA(6) of the Act in relation to an issue of shares or interests in the class made otherwise than under a purchase plan; or
(ii) within 24 hours before the offer, given a notice to ASX that:
              (A) states that the issuer will make offers to issue:
                  (I) shares under a purchase plan without disclosure to investors under Part 6D.2; and/or
                  (II) interests under a purchase plan without giving a Product Disclosure Statement under Division 2 of Part 7.9 of the Act; and
              (B) states that the notice is being given in accordance with this instrument; and
              (C) states that, as at the date of the notice, the issuer has complied with the provisions of Chapter 2M of the Act as they apply to the issuer (or if the issuer is the responsible entity of a registered scheme, as they apply to the scheme) and section 674 of the Act; and
              Note: Chapter 2M applies to CCIVs subject to modifications: see Division 4 of Part 8B.4.
              (D) sets out any information that is excluded information as at the date of the notice (in accordance with the requirements of subsections 708A(7) and (8) or subsections 1012DA(7) and (8) of the Act as if the notice were a notice under paragraph 708A(5)(e) or 1012DA(5)(e) of the Act).
              Note: Subsection 1012DA(7) applies to CCIVs subject to modifications: see subsection 1241S(7).

8 Conditions
(1) The issuer must not issue shares or interests under a purchase plan to a registered holder unless:
           (a) in relation to a registered holder that is not custodian—subsection (2) is satisfied; and
           (b) in relation to a registered holder that is a custodian—either subsection (2) or (3) are satisfied; and
           (c) in any case—subsection (5) is satisfied.
(2) The issuer must not issue shares or interests under the purchase plan to a registered holder unless:
           (a) if the holder applies for shares or interest using an electronic payment facility referred to in the offer document—the part of the document containing instructions for use of the facility includes:
              (i) a unique identifier in relation to the holder that must be provided by the holder when making a payment using the facility and that is not provided by the issuer to the holder other than in the offer document;