ASIC Corporations (Takeover Bids) Instrument 2023/683
“(1A) Despite any other provision of thi“(1A) Despite any other provision of this Chapter, the copy of the bidder’s statement and offer document that the bidder lodges with ASIC under item 2 of the table in subsection (1), sends to the target under item 3 of the table and sends to the operator of each relevant prescribed financial market under item 5 of the table may omit the following information:
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“(1A) Despite any other provision of this Chapter, the copy of the bidder’s statement and offer document that the bidder lodges with ASIC under item 2 of the table in subsection (1), sends to the target under item 3 of the table and sends to the operator of each relevant prescribed financial market under item 5 of the table may omit the following information:
(a) the date of the proposed offer or any other date that is related to or dependent on that date; and
(b) the name and address of the holders of securities referred to in item 6 of the table.
The bidder must include the information in the bidder’s statement and offer document sent to the holders of securities under item 6 of the table in subsection (1). (1B) Despite subsection 636(1), the copy of the bidder’s statement and offer document that the bidder lodges with ASIC under item 2 of the table in subsection (1), sends to the target under item 3 of the table and sends to the operator of each relevant prescribed financial market under item 5 of the table may include the following information: (a) details of the bidder’s relevant interest and voting power referred to in paragraphs 636(1)(k) and (l) as at the date of lodgment; or (b) details of the consideration and benefits referred to in paragraphs 636(1)(h) and (i) for the period of 4 months before the date of lodgment. The bidder’s statement and offer document sent to holders of securities under item 6 of the table in subsection (1) must be updated to include the information in paragraph (a) as at the date of the bid and the information in paragraph (b) for the period of 4 months before the date of the bid. (1C) If the bidder’s statement and offer document: (a) omits information under subsection (1A); or (b) includes information under subsection (1B), the bidder must: (c) send to the target and the operator of each relevant prescribed financial market at the time that the bidder sends its first bidder’s statement and offer document to holders; and (d) attach to the notice lodged with ASICunder item 9 of the table in subsection (1); a copy of the bidder’s statement and offer document as sent to holders.”;
(b) in subsection 633(2), after “securities”, insert “or derivatives”;
(c) omit paragraphs 636(1)(g) and (ga), substitute: