Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p38
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 97439–100224

provisions mentioned in subsection (6) to:

  (a) the notice, as if it were a prospectus; and

     (b) the offer or invitation, as if it were an offer or invitation in relation to which section 1018 required a prospectus to be lodged.

"(6) The regulations may apply the following provisions (the 'applicable provisions'):

  (a) the provisions of Part 7.11;

  (b) the provisions of Divisions 2 and 3 of this Part;

    (c) the provisions of the regulations made for the purposes of any of the provisions referred to in paragraphs (a) and (b).

"(7) Except where the contrary intention appears, or the context otherwise requires:

SCHEDULE 2—continued

     (a) a reference in this Law to an applicable provision includes a reference to that provision as it applies because of regulations under subsection (5); and

     (b) for the purposes of a reference in this Law to a Chapter, Part, Division or other group of provisions of this Law that includes some or all of the applicable provisions, the Chapter, Part, Division or other group is taken to include those applicable provisions as they apply because of regulations under subsection (5).

Notice required by subsection 1043B(1)—other sales

"1043D.(1) This section sets out the requirements for a notice under subsection 1043B(1) if section 1043C does not apply.

"(2) The notice must contain the information that the regulations require about:

  (a) the securities to which the offer or invitation relates; and

  (b) the seller; and

  (c) the corporation; and

  (d) the directors of the corporation; and

     (e) if the securities concerned are prescribed interests—the undertaking to which the prescribed interests relate and the trustee or representative in relation to the interests.

  "(3) The notice must be:

     (a) printed in type of a size not less than the type known as eight point Times unless the Commission, before the issuing of the notice, certifies in writing that the type and size of letter are legible and satisfactory; and

  (b) signed by the seller; and

  (c) dated.".

61. Subsection 1060(1):

  Omit "or to buy".

62. After subsection 1078(3):

  Insert:

"(3A) The holder (the 'dealer') of a dealers licence does not contravene subsection (1) by issuing or making an invitation or offer to a person in relation to whom, or to a number of persons in relation to each of whom, at least one of the following conditions is satisfied:

     (a) the person has acquired or sold securities through the dealer in the 12 months before the issuing or making of the invitation or offer; or

SCHEDULE 2—continued

     (b) when the invitation or offer is issued or made, a written agreement is in force under which the dealer is to, or may, whether subject to conditions or otherwise:

        (i) act