Corporations Law
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This legal instrument gives companies flexibility when preparing financial documents for certain share offers. When a company raises money by offering securities using an offer information statement (a shorter, simpler disclosure document than a full prospectus), this order provides two exemptions from strict reporting rules:
First exemption – Timing flexibility Normally, companies must include a financial report covering exactly 12 months. This exemption allows the report to cover a period slightly shorter or longer than 12 months—by up to 7 days either way.
Second exemption – Comparison period Normally, companies must provide comparative financial information for their previous full financial year. This exemption changes the requirement so companies only need to provide comparative figures for the 12-month period immediately before the current reporting period starts.
These exemptions only apply while the company continues to meet the specific conditions set out above.
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Direct links to the current provisions in ASIC Class Order [CO 00/0172].
Under paragraph 741(1)(a) of the Corporations Law (the Law) the Australian Securities and Investments Commission hereby gives the following exemptions to the extent and on the conditions specified in relation to each of them and for so long as the conditions are met.
First Exemption - Period of Financial Report
A body that offers securities using an offer information statement (OIS) is exempt from paragraph 715(2)(a) of the Law insofar as that paragraph requires the financial report included in the OIS to be a report for a 12 month period on the condition that the financial report is a report for a period shorter or longer than 12 months by not more than 7 days.
Second Exemption - Comparative Information
A body that offers securities using an OIS is exempt from paragraph 715(2)(b) of the Law insofar as that paragraph requires the financial report included in the OIS to include comparative information for the last financial year of a body which ended before the 12 month period referred to in paragraph 715(2)(a) of the Law on the condition that comparative information is included for the 12 month period which ended on the day immediately before the first day of the 12 month period referred to in paragraph 715(2)(a) of the Law.
Dated the 10th day of February 2000
Signed by Brendan Byrne
as a delegate of the Australian Securities and Investments Commission
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Under paragraph 741(1)(a) of the Corporations Law (the Law) the Australian Securities and Investments Commission hereby gives the following exemptions to the extent and on the conditions specified in relation to each of them and for so long as the conditions are met.
First Exemption - Period of Financial Report
A body that offers securities using an offer information statement (OIS) is exempt from paragraph 715(2)(a) of the Law insofar as that paragraph requires the financial report included in the OIS to be a report for a 12 month period on the condition that the financial report is a report for a period shorter or longer than 12 months by not more than 7 days.
Second Exemption - Comparative Information
A body that offers securities using an OIS is exempt from paragraph 715(2)(b) of the Law insofar as that paragraph requires the financial report included in the OIS to include comparative information for the last financial year of a body which ended before the 12 month period referred to in paragraph 715(2)(a) of the Law on the condition that comparative information is included for the 12 month period which ended on the day immediately before the first day of the 12 month period referred to in paragraph 715(2)(a) of the Law.
Dated the 10th day of February 2000
Signed by Brendan Byrne
as a delegate of the Australian Securities and Investments Commission