Document ID: chunk:federal_register_of_legislation:C2025C00185:section:629
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 629
Character Range: 2489798–2490780

629  Conditions turning on bidder's or associate's opinion not allowed in off‑market bids
 (1) Offers under an off‑market bid must not be subject to a defeating condition if the fulfilment of the condition depends on:
 (a) the bidder's, or an associate's, opinion, belief or other state of mind; or
 (b) the happening of an event that is within the sole control of, or is a direct result of action by, any of the following:
 (i) the bidder (acting alone or together with an associate or associates);
 (ii) an associate (acting alone or together with the bidder or another associate or associates of the bidder).
A purported condition of this kind is void.
Note: Section 9 defines defeating condition. Sections 630, 650F and 650G deal with defeating conditions.
 (2) For the purposes of paragraph (1)(b):
 (a) the target; and
 (b) a subsidiary of the target;
are taken not to be associates of the bidder if they would otherwise be an associate merely because of paragraph 12(2)(a).