Document ID: chunk:federal_register_of_legislation:F2022L01686:body:0:p3
Version: federal_register_of_legislation:F2022L01686
Segment Type: other
Provision Reference: 
Character Range: 5866–8517

of a valuation of the ESS interest prepared by an expert;".

8 Period of disclosure
    Division 1A of Part 7.12 of the Act applies in relation to all persons as if paragraph 1100Z(1)(b) were modified or varied by omitting "after becoming aware" and substituting "if, during the application period for the offer mentioned in paragraph 1100W(2)(e), the offeror becomes aware".

9 Regulatory relief for certain subsequent sale offers of ESS interests
    Division 1A of Part 7.12 of the Act applies in relation to all persons as if section 1100ZD of the Act were omitted and substituted with:
    "1100ZD Regulatory relief for certain subsequent sale offers of ESS interests
(1) The provisions of Part 6D.2, 6D.3 and 7.9 do not apply in relation to an offer of an ESS interest in a body corporate or a registered scheme for sale if:
(a) the body corporate or scheme operates an employee share scheme; and
(b) the ESS interest is not in a class of financial products that is able to be traded on a financial market covered by section 1100K; and
(c) the person making the offer reasonably believes that:
              (i) the person acquired the ESS interest:
(A) in connection with the employee share scheme; or
(B) from an ESS participant in the employee share scheme; and
              (ii) the person is making the offer only to persons who are ESS participants in the employee share scheme.
(2) The provisions of Part 6D.2, 6D.3 and 7.9 do not apply in relation to an offer of an ESS interest in a body corporate or a registered scheme for sale if:
(a) the body corporate or scheme operates an employee share scheme; and
(b) the ESS interest is in a class of financial products that is able to be traded on a financial market covered by section 1100K; and
(c) the ESS interest was issued in connection with the employee share scheme; and
(d) if the ESS interest was issued to the trustee of a trust that meets the requirements in section 1100S—the body corporate or responsible entity that issued the ESS interest did not do so with the purpose of a person to whom the trustee transfers the ESS interest:
              (i) selling or transferring the ESS interest; or
              (ii) granting, issuing or transferring interests in, or options or warrants over, the ESS interest; and
(e) if the ESS interest was not issued to the trustee of a trust that meets the requirements in section 1100S—the body corporate or responsible entity that issued the ESS interest did not do so with the purpose of the person to whom the ESS interest was issued:
              (i) selling or transferring the ESS interest; or
              (ii) granting, issuing or