Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_708:p4
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 708 (pt 4/5)
Character Range: 398572–401153

a terminating building society within the meaning of the Financial Corporations Act 1974; or
 (g) a friendly society within the meaning of the Life Insurance Act 1995; or
 (h) a person who controls at least $10 million (including any amount held by an associate or under a trust that the person manages) for the purpose of investment in securities.

Note 1: Section 68 defines exempt dealer and exempt investment adviser.

Note 2: An underwriter to a securities issue or sale will generally be a licensed dealer.

Offers of securities to people associated with the body

 (12) An offer of a body's securities does not need disclosure to investors under this Part if it is made to:
 (a) an executive officer of the body or a related body or their spouse, parent, child, brother or sister; or
 (b) a body corporate controlled by a person referred to in paragraph (a).

Certain offers to present holder of securities

 (13) An offer of securities for issue does not need disclosure to investors under this Part if it is:
 (a) an offer of fully‑paid shares in a company to 1 or more existing holders of shares in the company under a dividend reinvestment plan or bonus share plan; or
 (b) an offer of interests in a managed investment scheme to 1 or more existing holders of interests in the scheme if:
 (i) the offer is made under a distribution reinvestment plan or switching facility; or
 (ii) the scheme is of a kind commonly known as a cash common fund or cash management trust.

 (14) An offer of a disclosing entity's debentures for issue does not need disclosure to investors under this Part if the offer is made to 1 or more existing debenture holders.

Issues or sales for no consideration

 (15) An offer of securities (other than options) does not need disclosure to investors under this Part if no consideration is to be provided for the issue or transfer of the securities.

 (16) An offer of options does not need disclosure to investors under this Part if:
 (a) no consideration is to be provided for the issue or transfer of the options; and
 (b) no consideration is to be provided for the underlying securities on the exercise of the option.

Compromise or arrangement under Part 5.1

 (17) An offer of securities does not need disclosure to investors under this Part if it is made under a compromise or arrangement under Part 5.1 approved at a meeting held as a result of an order under subsection 411(1) or (1A).

Takeovers

 (18) An offer of securities does not need disclosure to investors under this Part if it is:
 (a) made as consideration for an offer to