Document ID: chunk:federal_register_of_legislation:F2024C00455:body:0:p10
Version: federal_register_of_legislation:F2024C00455
Segment Type: other
Provision Reference: 
Character Range: 22888–25908

641, omit "securities holdings", substitute "holdings of securities and derivatives";
           (g) omit subsection 641(1) (excluding the heading), substitute:
              "(1)  If the bidder has given a bidder's statement to the target and requested the target to give the bidder information in accordance with this section, the target must inform the bidder of:
                  (a) the name and address of each person who, at a time specified by the bidder under subsection (2), held:
(i)  securities in the bid class; or
(ii) securities or derivatives convertible into securities in the bid class or that confer the right to be issued securities in the bid class; and

                  (aa)   where the target:

                      (i) knows an electronic address for the person because the person holds:

                         (A) securities in the target; or

                         (B) securities or derivatives referred to in subparagraph (a)(ii); and

                      (ii)  believes on reasonable grounds that it is a current electronic address for the person for receiving electronic communications—that electronic address; and

                  (ab)   where an election of the person to be sent documents by the target in physical form, or in electronic form, is in force under section 110E (disregarding subsection 110E(8)) in relation to a kind of documents mentioned in subsection (1C) of this section—the fact that such an election is in force; and
                  (b) the type, and number of each type, of those securities or derivatives held by the person at the specified time.";
           (h) omit subsection 641(1A) (excluding the note), substitute:
              "(1A) However, the target does not need to give information to the bidder about a person or their holding of securities or derivatives unless the target knows the person's name.";
(i) in section 648B, after "securities", insert "or derivatives";
(j) in section 648C, after "securities", insert "or derivatives".

7 Varying a takeover bid
 Chapter 6 of the Act applies to all persons as if the following provisions of Part 6.6 were omitted, modified or varied as follows:
(a) omit paragraph 650B(1)(h), substitute:

"(h) by offering an additional or alternative form of consideration.";
           (b) in subsection 650C(2) omit "the bidder may extend the offer period after the publication of the notice under subsection 630(3) only if one of the following happens after the publication:", substitute "the bidder may extend the offer period after the bidder has given the notice under subsection 630(3) only if one of the following happens after the bidder has given the notice:";
(c) omit subparagraph 650D(1)(c)(ii), substitute:

"(ii) in respect of each class of securities and derivatives the 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