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CORPORATIONS ACT 2001 - SECT 1325B

Court may order bidder to make offers

  (1)   If a bidder making a takeover bid for a class of securities contravenes section   631 by failing to make offers under the bid within time and ASIC applies for an order under this section, the Court may:

  (a)   order the bidder to send, to each holder of securities in that class, an offer to which the bidder's statement relates within a specified time; and

  (b)   make any ancillary orders it thinks appropriate including orders that the bidder:

  (i)   send notices setting out specified information with the offer; and

  (ii)   send copies of the notice within a specified period to the target and, if the target is listed, to the relevant market operator; and

  (iii)   lodge a copy of the notice with ASIC within a specified period.

  (2)   Offers sent in accordance with an order under this section are taken to be made under a takeover bid.


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