Australian Securities and Investments Commission
Corporations Act 2001 – Paragraph 673(1)(a) – Exemption
Enabling legislation
1. The Australian Securities and Investments Commission makes this instrument under paragraph 673(1)(a) of the Corporations Act 2001 (the Act).
Title
2. This instrument is ASIC Class Order [CO 13/524].
Commencement
3. This instrument commences on the day it is registered under the Legislative Instruments Act 2003.
Note: An instrument is registered when it is recorded on the Federal Register of Legislative Instruments (FRLI) in electronic form: see Legislative Instruments Act 2003, section 4 (definition of register). The FRLI may be accessed at http://www.frli.gov.au/.
Exemption
4. A bidder under a takeover bid and each of its associates is exempt from subsection 671B(1) of the Act to the extent that that subsection would otherwise require:
(a) the bidder to give the name and address of a person who has accepted an offer made under the bid and who, as at the time the information referred to in subsection 671B(3) is given, remains a registered holder of the securities to which the offer relates; or
(b) the information referred to in subsection 671B(3) of the Act relating to acceptances of offers under the takeover bid to be accompanied by copies of the bidder’s statement, the takeover offer document or any acceptance forms.
The exemption in paragraph (a) does not apply to the extent the bidder is required to name the person other than merely because the person has accepted the offer under the bid.
Condition
5. The bidder must give the following information to the target by no later than the next business day after receiving a request in writing from the target:
(a) the name and address of each person who has accepted the offer under the bid and who, as at the time the information is given, remains a registered holder of the securities to which the offer relates; and
(b) for each such person, the number of securities held by the person in respect of which the bidder has a relevant interest because of the person’s acceptance of the offer under the bid.
Dated this 17th day of June 2013
Signed by Grant Moodie
as a delegate of the Australian Securities and Investments Commission