Document ID: chunk:federal_register_of_legislation:F2024C00455:body:0:p9
Version: federal_register_of_legislation:F2024C00455
Segment Type: other
Provision Reference: 
Character Range: 20144–23186

conversion of or exercise of rights attached to other securities or derivatives (see subsection 617(2))—a statement to that effect;";
(e) at the end of subsection 636(3) and on a new line, insert:

           "But the bidder's statement may include or be accompanied by a statement without the requirements in paragraphs (a) to (c) being met where:
              (d) the statement was made in a document lodged with:
                  (i) ASIC; or
                  (ii) the operator of a prescribed financial market by a listed company, registered scheme, notified foreign passport fund or other body in compliance with the listing rules of the prescribed financial market;
              (e) the bidder's statement:
                  (i) fairly represents the statement; or
                  (ii) includes, or is accompanied by, a correct and fair copy of the document or the part of the document that contains the statement; and
              (f) if the bidder's statement is not accompanied by a copy of the document or part of the document that contains the statement—the bidder's statement:
                  (i) identifies the document or the part of the document that contains the statement; and
                  (ii) states that the bidder, on request during the bid period, will provide within 2 business days of the request, a copy of the document (or part) free of charge to any holder of bid class securities.";
(f) at the end of subsection 638(5) and on a new line, insert:

           "But the target's statement may include or be accompanied by a statement without the requirements in paragraphs (a) to (c) being met where:
              (d) the statement was made in a document lodged with:
                  (i) ASIC; or
                  (ii) the operator of a prescribed financial market by a listed company, registered scheme, notified foreign passport fund or other body in compliance with the listing rules of the prescribed financial market;
              (e) the target's statement:
                  (i) fairly represents the statement; or
                  (ii) includes, or is accompanied by, a correct and fair copy of the document or the part of the document that contains the statement;
              (f) if the target's statement is not accompanied by a copy of the document or part of the document that contains the statement—the target's statement:
                  (i) identifies the document or the part of the document that contains the statement; and
                  (ii) states that the target, on  request during the bid period, will provide within 2 business days of the request, a copy of the document (or part) free of charge to any holder of bid class securities.";
(fa) in the heading to section 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