Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p20
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 20/148)
Character Range: 378052–380878

approved by the operating rules of the prescribed CS facility for Part 6.8 of the Act (which may include an electronic form).

Part 6.10—Review and intervention

6.10.01  Application for review of Takeovers Panel decision
  For subsection 657EA(3) of the Act, an application for review of a decision of the Takeovers Panel must not be made later than 2 business days after the day on which the decision was made.

Chapter 6A—Compulsory acquisitions and buy‑outs

Part 6A.1—Compulsory acquisitions and buy‑outs after takeover bid

6A.1.01  Terms on which securities to be acquired
  For paragraph 661C(4)(a) of the Act, an election relating to securities entered on an electronic register or subregister of a prescribed CS facility must be in an electronic form approved by the operating rules of the prescribed CS facility.

Chapter 6CA—Continuous disclosure

6CA.1.01  Continuous disclosure: other disclosing entities
  For paragraph 675(2)(d) of the Act, the disclosure of information under section 675 of the Act is not required if:
 (a) a reasonable person would not expect the information to be disclosed; and
 (b) the information is confidential; and
 (c) at least 1 of the following applies:
 (i) the disclosure of the information would contravene a law;
 (ii) the information is about a matter of supposition;
 (iii) the information is not definite enough to make disclosure appropriate;
 (iv) the information relates to an incomplete proposal or a matter that is in the course of negotiation;
 (v) the information was prepared or created for the internal management purposes of the entity;
 (vi) the information is a trade secret.

Chapter 6D—Fundraising

Part 6D.2—Disclosure to investors about securities

6D.2.01  Exemption—member shares
  Part 6D.2 of the Act does not apply to an offer of a member share within the meaning given by regulation 12.8.03.

6D.2.02  Exemption—foreign companies
  Part 6D.2 of the Act does not apply to an offer under a dividend reinvestment plan or bonus share plan of fully‑paid shares in a foreign company to an existing holder of shares in the foreign company.

6D.2.03  Sophisticated investors
 (1) For subparagraph 708(8)(c)(i) of the Act, $2.5 million is specified.
 (2) For subparagraph 708(8)(c)(ii) of the Act, $250 000 is specified.
Note: Under subsection 708(8) of the Act, an offer of a body's securities does not need disclosure to investors under Part 6D.2 of the Act if it appears from a certificate given by a qualified accountant no more than 6 months before the offer is made that the person to whom the offer is made:
(a) has net assets of at least the amount specified in regulations made for the purposes of subparagraph 708(8)(c)(i); or
(b) has a gross income for each of the last 2 financial years of at least the amount specified in regulations made