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CORPORATIONS ACT 2001 - SECT 1019D

Offers to which this Division applies

             (1)  This Division applies to an offer in relation to which the following paragraphs are satisfied:

                     (a)  the offer is an unsolicited offer to purchase a financial product made by a person (the offeror ) to another person (the offeree );

                     (b)  the offer is made otherwise than on a licensed market;

                     (c)  one or more of the following apply:

                              (i)  the offer is made in the course of a business of purchasing financial products;

                             (ii)  the offeror was not in a personal or business relationship with the offeree before the making of the offer;

                            (iii)  the offer is made in circumstances specified in regulations made for the purposes of this subparagraph;

                     (d)  the offer is not:

                              (i)  made to the issuer of the financial products; or

                             (ii)  to buy back shares under a buy-back authorised by section 257A; or

                            (iii)  made under a compromise or arrangement approved at a meeting held as a result of an order under subsection 411(1) or (1A); or

                            (iv)  to acquire securities under an off-market bid; or

                             (v)  to compulsorily acquire or buy out securities under Chapter 6A; or

                            (vi)  to acquire shares from a dissenting shareholder under section 414; or

                           (vii)  made in relation to particular financial products that are specified in regulations made for the purposes of this subparagraph; or

                          (viii)  made in circumstances that are specified in regulations made for the purposes of this subparagraph;

                     (e)  the offer is made or received in this jurisdiction.

             (2)  The regulations may clarify:

                     (a)  when an offer is, or is not, made in the course of a business of purchasing financial products; or

                     (b)  when an offeror was, or was not, in a previous personal or business relationship with an offeree.

Regulations made for the purposes of this subsection have effect despite anything else in this section.



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