The provisions of Part 6D.2, 6D.3 and 7.9 do not apply in relation to an offer of ESS interests in a body corporate or registered scheme for sale if:
(a) the body corporate or scheme operates an employee share scheme; and
(b) the person making the offer reasonably believes that:
(i) the person acquired the interests under the employee share scheme; and
(ii) the person is making the offer only to persons who are ESS participants in relation to the body corporate or registered scheme.