Document ID: chunk:federal_register_of_legislation:C2022A00014:clause:4_1100zb:p1
Version: federal_register_of_legislation:C2022A00014
Segment Type: clause
Provision Reference: sch 4 cl 1100ZB (pt 1/2)
Character Range: 61863–64426

1100ZB  Amounts that are excluded from the monetary cap
 (1) Each amount mentioned in a subsection of this section is not included in working out under section 1100ZA whether an offer breaches the monetary cap.
 (2) An amount paid into an ESS contribution plan for the offer.
 (3) An amount payable by a participant or related person for the issue or sale of ESS interests to the extent that, under the terms of the offer, the amount can only become payable during a liquidity period for the ESS interests.
 (4) An amount payable on the exercise of options or incentive rights to the extent that, under the terms of the offer, the amount can only become payable during a liquidity period for the underlying ESS interests.
 (5) An amount payable by an ESS participant for the issue or sale of ESS interests to the extent that, under the terms of the offer:
 (a) the amount can only become payable no longer than 7 days before the start of a liquidity period for the ESS interests; and
 (b) all application money received from ESS participants before the start of a liquidity period must be held on trust for the ESS participants until:
 (i) the start of the liquidity period; or
 (ii) the money is returned to the ESS participants; and
 (c) if application money needs to be returned to an ESS participant, it must be returned as soon as practicable.
 (6) An amount payable by an ESS participant on the exercise of options or incentive rights to the extent that, under the terms of the offer:
 (a) the amount can only become payable no longer than 7 days before the start of a liquidity period for the underlying ESS interests; and
 (b) all application money received from ESS participants before the start of a liquidity period must be held in trust for the ESS participants until:
 (i) the start of the liquidity period; or
 (ii) the money is returned to the ESS participants; and
 (c) if application money needs to be returned to an ESS participant, it must be returned as soon as practicable.

Liquidity period for ESS interests
 (7) A liquidity period for an ESS interest is a period during which:
 (a) the ESS interest is in a class of interests that is able to be traded on the official list of a financial market covered by section 1100K; or
 (b) an executed sale agreement constituting an offer to acquire ESS interests in the same class as the ESS interest is open for acceptance; or
 (c) a circumstance prescribed by the regulations for the purposes of this paragraph exists.

Regulations may prescribe other amounts
 (8) The regulations may prescribe an