Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_724:p1
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 724 (pt 1/2)
Character Range: 440888–443564

724  Choices open to person making the offer if disclosure document condition not met or disclosure document defective

 (1) If a person offers securities under a disclosure document and:
 (a) the disclosure document states that the securities will not be issued or transferred unless:
 (i) applications for a minimum number of the securities are received; or
 (ii) a minimum amount raised;
  and that condition is not satisfied within 4 months after the date of the disclosure document; or
 (b) the disclosure document states or implies that the securities are to be quoted on a stock market of a securities exchange (whether in Australia or elsewhere) and:
 (i) an application for the admission to quotation is not made within 7 days after the date of the disclosure document; or
 (ii) the securities are not admitted to quotation within 3 months after the date of the disclosure document; or
 (c) the person becomes aware that:
 (i) the disclosure document contains a misleading or deceptive statement; or
 (ii) there is an omission from the disclosure document of information required by section 710, 711, 712, 713, 714 or 715;
  that is materially adverse from the point of view of an investor; or
 (d) the person becomes aware of a new circumstance that:
 (i) has arisen since the disclosure document was lodged; and
 (ii) would have been required by section 710, 711, 712, 713, 714 or 715 to be included in the disclosure document if it had arisen before the disclosure document was lodged; and
 (iii) is materially adverse from the point of view of an investor;
the person must deal under subsection (2) with any applications for the securities made under the disclosure document that have not resulted in an issue or transfer of the securities. For the purpose of working out whether a condition referred to in paragraph (a) has been satisfied, a person who has agreed to take securities as underwriter is taken to have applied for those securities.

 (2) The person must either:
 (a) repay the money received by the person from the applicants; or
 (b) give the applicants:
 (i) the documents required by subsection (3); and
 (ii) 1 month to withdraw their application and be repaid; or
 (c) issue or transfer the securities to the applicants and give them:
 (i) the documents required by subsection (3); and
 (ii) 1 month to withdraw their application and be repaid.

Note: Section 719 deals with lodging supplementary and replacement documents. Section 728 makes it an offence for a person to offer securities if the disclosure document is deficient in a way that is material from the point of view of an investor.

 (3) The documents to be given are set out in the