Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:7_708a:p2
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 7 cl 708A (pt 2/3)
Character Range: 374066–376768

notice:
 (a) is given within 5 business days after the day on which the relevant securities were issued by the body; and
 (b) states that the body issued the relevant securities without disclosure to investors under this Part; and
 (c) states that the notice is being given under paragraph (5)(e); and
 (d) states that, as at the date of the notice, the body has complied with:
 (i) the provisions of Chapter 2M as they apply to the body; and
 (ii) section 674; and
 (e) sets out any information that is excluded information as at the date of the notice (see subsections (7) and (8)).

Note 1: A person is taken not to contravene section 727 if a notice purports to comply with this subsection but does not actually comply with this subsection: see subsection 727(5).

Note 2: A notice must not be false or misleading in a material particular, or omit anything that would render it misleading in a material respect: see sections 1308 and 1309. The body has an obligation to correct a defective notice: see subsection (9) of this section.

 (7) For the purposes of subsection (6), excluded information is information:
 (a) that has been excluded from a continuous disclosure notice in accordance with the listing rules of the relevant market operator to whom that notice is required to be given; and
 (b) that investors and their professional advisers would reasonably require for the purpose of making an informed assessment of:
 (i) the assets and liabilities, financial position and performance, profits and losses and prospects of the body; or
 (ii) the rights and liabilities attaching to the relevant securities.

 (8) The notice given under subsection (5) must contain any excluded information only to the extent to which it is reasonable for investors and their professional advisers to expect to find the information in a disclosure document.

Obligation to correct defective notice

 (9) The body contravenes this subsection if:
 (a) the notice given under subsection (5) is defective; and
 (b) the body becomes aware of the defect in the notice within 12 months after the relevant securities are issued; and
 (c) the body does not, within a reasonable time after becoming aware of the defect, give the relevant market operator a notice that sets out the information necessary to correct the defect.

 (10) For the purposes of subsection (9), the notice under subsection (5) is defective if the notice:
 (a) does not comply with paragraph (6)(e); or
 (b) is false or misleading in a material particular; or
 (c) has omitted from it a matter or thing the omission of which renders the notice misleading in a material respect.

Sale offer of quoted securities—case 2

 (11) The sale offer does