Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p33
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 84657–87534

a copy of the original prospectus, subsection (2) does not apply for the purposes of an action under section 1005 in relation to that copy.

  "(5) In this section:

'original prospectus' means the prospectus identified in the supplementary prospectus as required by paragraph 1024A(3)(a).

Consequences of lodging a replacement prospectus

"1024D.(1) This section applies if a replacement prospectus has been lodged.

"(2) A copy of the original prospectus must not be issued after lodgment of the replacement prospectus.

"(3) The replacement prospectus is a prospectus in its own right for the purposes of this Law, but it is taken to have been issued when the original prospectus was issued.

"(4) The parts of the replacement prospectus that are the same as the original prospectus are taken to comply with the requirements of this Division, but only to the extent to which those parts of the original prospectus in fact complied with those requirements.

  "(5) In this section:

'original prospectus' means the prospectus identified in the replacement prospectus as required by subsection 1024B(2).

Application made on out of date application form

"1024E.(1) For the purposes of this section, an application form is current unless:

     (a) since the form was issued, a supplementary prospectus or a replacement prospectus that relates to the prospectus to which the form relates has been issued; or

     (b) because of subsection 1024G(2), the form is no longer current for the purposes of section 1024G.

  "(2) This section applies if:

     (a) a person applies for the issue of securities of a corporation pursuant to a prospectus (the 'original prospectus') during the application period in relation to the prospectus; and

SCHEDULE 2—continued

     (b) the application form used to make the application is not current when it is received by the corporation.

"(3) As soon as practicable after receiving the application, the corporation must give the person a written notice:

     (a) that advises the person that the application form used was not current; and

     (b) that states which of options 1 and 2 specified in subsections (4) and (5) the corporation is going to follow, and explains that option; and

  (c) that is accompanied by:

        (i) if a replacement prospectus has been issued—a copy of the most recently issued replacement prospectus, a copy of each issued supplementary prospectus (if any) that relates to it, and a current application form that relates to it; or

        (ii) if subparagraph (i) does not apply—a copy of each supplementary prospectus (if any) that relates to the original prospectus and that was issued after the application form was issued, and a current application form that relates to the original prospectus.

  "(4) Option 1 requires the corporation to:

  (a) treat the application as having been withdrawn;