Document ID: chunk:federal_register_of_legislation:C2004A01226:clause:1_1019d
Version: federal_register_of_legislation:C2004A01226
Segment Type: clause
Provision Reference: sch 1 cl 1019D
Character Range: 6768–8598

1019D  Offers to which this Division applies

 (1) This Division applies to an offer in relation to which the following paragraphs are satisfied:
 (a) the offer is an unsolicited offer to purchase a financial product made by a person (the offeror) to another person (the offeree);
 (b) the offer is made otherwise than on a licensed market;
 (c) one or more of the following apply:
 (i) the offer is made in the course of a business of purchasing financial products;
 (ii) the offeror was not in a personal or business relationship with the offeree before the making of the offer;
 (iii) the offer is made in circumstances specified in regulations made for the purposes of this subparagraph;
 (d) the offer is not:
 (i) made to the issuer of the financial products; or
 (ii) to buy back shares under a buy‑back authorised by section 257A; or
 (iii) made under a compromise or arrangement approved at a meeting held as a result of an order under subsection 411(1) or (1A); or
 (iv) to acquire securities under an off‑market bid; or
 (v) to compulsorily acquire or buy out securities under Chapter 6A; or
 (vi) to acquire shares from a dissenting shareholder under section 414; or
 (vii) made in relation to particular financial products that are specified in regulations made for the purposes of this subparagraph; or
 (viii) made in circumstances that are specified in regulations made for the purposes of this subparagraph;
 (e) the offer is made or received in this jurisdiction.

 (2) The regulations may clarify:
 (a) when an offer is, or is not, made in the course of a business of purchasing financial products; or
 (b) when an offeror was, or was not, in a previous personal or business relationship with an offeree.
Regulations made for the purposes of this subsection have effect despite anything else in this section.