Document ID: chunk:federal_register_of_legislation:C2025C00185:section:708a:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 708A (pt 2/4)
Character Range: 2738769–2741407

of securities were quoted, and the period of 12 months before the day on which the relevant securities were issued; and
 (c) no exemption under section 111AS or 111AT covered the body, or any person as director or auditor of the body, at any time during the relevant period referred to in paragraph (b); and
 (d) no order under section 340 or 341 covered the body, or any person as director or auditor of the body, at any time during the relevant period referred to in paragraph (b); and
 (e) either:
 (i) if this section applies because of subsection (1)—the body gives the relevant market operator for the body a notice that complies with subsection (6) before the sale offer is made; or
 (ii) if this section applies because of subsection (1A)—both the body, and the controller, give the relevant market operator for the body a notice that complies with subsection (6) before the sale offer is made.
 (6) A notice complies with this subsection if the notice:
 (a) is given within 5 business days after the day on which the relevant securities were issued by the body; and
 (b) states that the body issued the relevant securities without disclosure to investors under this Part; and
 (c) states that the notice is being given under paragraph (5)(e); and
 (d) states that, as at the date of the notice, the body has complied with:
 (i) the provisions of Chapter 2M as they apply to the body; and
 (ii) sections 674 and 674A; and
 (e) sets out any information that is excluded information as at the date of the notice (see subsections (7) and (8)).
Note 1: A person is taken not to contravene section 727 if a notice purports to comply with this subsection but does not actually comply with this subsection: see subsection 727(5).
Note 2: A notice must not be false or misleading in a material particular, or omit anything that would render it misleading in a material respect: see sections 1308 and 1309. The body has an obligation to correct a defective notice: see subsection (9) of this section.
 (7) For the purposes of subsection (6), excluded information is information:
 (a) that has been excluded from a continuous disclosure notice in accordance with the listing rules of the relevant market operator to whom that notice is required to be given; and
 (b) that investors and their professional advisers would reasonably require for the purpose of making an informed assessment of:
 (i) the assets and liabilities, financial position and performance, profits and losses and prospects of the body; or
 (ii) the rights and liabilities attaching to the relevant securities.
 (8) The notice given under subsection (5) must contain any