Document ID: chunk:federal_register_of_legislation:F2022C01168:body:0:p3
Version: federal_register_of_legislation:F2022C01168
Segment Type: other
Provision Reference: 
Character Range: 5585–8605

(b) the number of securities in the class of relevant securities into which the convertible notes will convert;
                (c) the price (if any) to be paid on conversion;
                (d) the circumstances in which conversion may occur;
                (e) the remaining liability of the body to make payments under convertible notes in that class as at the end of the financial year;
                (f) the average conversion price (if any) paid for any convertible notes in that class that were converted during the financial year and the number of securities in the class of relevant securities into which they converted;
                (g) any other matters relating to the convertible notes that holders of ED securities of the body would reasonably require to make an informed assessment of the financial position of the body and its prospects for future financial years.
            (12F) The financial report and directors' report may omit material that would otherwise be required to be included under paragraph (12E)(g) if it is likely to result in unreasonable prejudice to:
                (a) the body; or
                (b) if consolidated financial statements are required—the consolidated entity or any entity (including the body) that is part of the consolidated entity.
If material is omitted, the report must say so.".
Note: Subsection 708A(12B) is notionally inserted into the Act by ASIC Corporations
(Non-Traditional Rights Issues) Instrument 2016/84.

7 Transfer or sale of underlying products issued on conversion of convertible notes
    Part 7.9 of the Act applies in relation to all persons as if section 1012DA were modified or varied as follows:
       (a) in paragraph (1)(a) omit "(11), (12) or (12A),", substitute "(11), (12), (12A) or (12C),";
Note: Subsection 1012DA(12A) is notionally inserted into the Act by ASIC Corporations
(Non-Traditional Rights Issues) Instrument 2016/84.
       (b) after subsection (12B), insert:

        "Transfer or sale of underlying products issued on conversion of convertible notes
            (12C) The regulated person does not have to give the client a Product Disclosure Statement if:
                (a) the relevant product was issued by the issuer of the convertible notes by reason of the conversion of those convertible notes; and
                (b) on the day on which a notice in relation to the convertible notes was given under paragraph (e):
                   (i) financial products in the same class as the relevant product were continuously quoted securities; and
                   (ii) there was no determination in force under subsection 1013FA(3) in respect of the relevant product; and
                (c) trading in financial products in the class of relevant products on the prescribed financial market on which they were quoted was not suspended for more than a total of 5 days during the shorter of the period during which the class of relevant product was quoted, and the period of 12 months before the first day