Document ID: chunk:federal_register_of_legislation:C2025C00185:section:9a:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 9A (pt 2/2)
Character Range: 262421–263578

interests; and
 (c) if the invitation to apply for, or the right to be issued with, the securities or interests is able to be assigned—the offering entity:
 (i) advises each non‑resident in that place that a nominee will be appointed to sell the invitation or right that would otherwise have been offered to the non‑resident; and
 (ii) advises each non‑resident that the nominee will send the non‑resident any net proceeds from the sale of that invitation or those rights; and
 (iii) appoints a nominee in Australia to carry out the obligations referred to in subparagraphs (i) and (ii).
 (3A) For the purposes of subsection (3), offering entity means the following:
 (a) in relation to an offer of securities in a body that is not a registered scheme or a notified foreign passport fund—the body;
 (b) in relation to an offer of interests in a registered scheme—the responsible entity of the scheme;
 (c) in relation to an offer of interests in a notified foreign passport fund—the operator of the fund.
 (4) For the purposes of this section, a reference to an offer of securities includes a reference to an invitation to apply for the issue of securities.