Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1019h:p2
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1019H (pt 2/3)
Character Range: 1451841–1454444

in regulations made for the purposes of subparagraph 761G(7)(c)(i) of the Act; or
 (iii) a person who has gross income for each of the last 2 financial years of at least the amount specified in regulations made for the purposes of subparagraph 761G(7)(c)(ii) of the Act; or
 (iv) a business that is not a small business within the meaning of subsection 761G(12) of the Act;
 (b) the minimum amount payable for securities on acceptance of the offer by the person to whom the offer is made is at least $500 000;
 (c) for a financial product other than securities, the offer for the financial product is for an amount that equals or exceeds the amount specified in regulations made for the purposes of paragraph 761G(7)(a) of the Act.
 (2) For paragraph (b), in calculating the amount payable for securities, disregard any amount payable or paid to the extent to which it is to be paid, or was paid, out of money lent by the person offering the securities or an associate of the person offering the securities.

7.9.97A  Information in offer document if payment is to be made in instalments
 (1) For paragraph 1019I(2)(f) of the Act, the following information is specified for an offer document if payment for the financial products mentioned in the document is to be made in instalments:
 (a) the amount of each instalment;
 (b) when each instalment will be paid;
 (c) how many instalments will be paid;
 (d) how each instalment will be paid;
 (e) the following text, replacing X with the total present value of the instalments and Y with the total current value of the financial products:
'Money loses value over time.  In this case, the value of the total instalment payments being offered to you is approximately the same as being paid a single amount of $X today.  $X represents the 'present day value' of the instalment payments.  Commonwealth legislation sets out a method for calculating the present value of the offer, using the rate of interest of 1.1% per month.  You can assess this offer by comparing the present day value of the instalment payments ($X) with the total market price of your shares or other financial products ($Y).
'In general, if the present day value of the instalment payments being offered is less than the market price of your shares or other financial products, then this offer may not be fair to you.'
 (2) For this regulation, the total present value of a series of instalment payments is the amount:

where:
n is the number of instalment payments to be made.
Rp is the amount of instalment payment number p, where each instalment payment is assigned a number from l