Document ID: chunk:federal_register_of_legislation:C2025C00185:section:636:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 636 (pt 3/3)
Character Range: 2524970–2526385

in last 4 months
 (2) If the bidder's statement includes details of the value per share of consideration under subparagraph (1)(h)(iii), the statement must include, or be accompanied by, a report by an expert that states whether, in the expert's opinion, the value stated is fair and reasonable and gives the reasons for forming that opinion.
Note: Subsections 648A(2) and (3) provide for the independence of the expert and disclosure of any association between the bidder and the expert or the target and the expert. A contravention of one of those subsections results in the bidder's statement not complying with this subsection.

Consent of person to whom statement attributed
 (3) The bidder's statement may only include, or be accompanied by, a statement by a person, or a statement said in the bidder's statement to be based on a statement by a person, if:
 (a) the person has consented to the statement being included in the bidder's statement, or accompanying it, in the form and context in which it is included; and
 (b) the bidder's statement states that the person has given this consent; and
 (c) the person has not withdrawn this consent before the bidder's statement is lodged with ASIC.
 (4) The bidder must keep the consent.

Strict liability offences
 (5) An offence based on subsection (3) or (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.