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CORPORATIONS ACT 2001 - SECT 667A

Expert's report

             (1)  An expert's report under section 663B, 664C or 665B must:

                     (a)  be prepared by a person nominated by ASIC under section 667AA; and

                     (b)  state whether, in the expert's opinion, the terms proposed in the notice give a fair value for the securities concerned; and

                     (c)  set out the reasons for forming that opinion.

Note:          See section 667C on valuation.

             (2)  If the person giving the compulsory acquisition notice is relying on paragraph 664A(2)(c) to give the notice, the expert's report under section 664C must also:

                     (a)  state whether, in the expert's opinion, the person (either alone or together with a related body corporate) has full beneficial ownership in at least 90% by value of all the securities of the company that are shares or convertible into shares; and

                     (b)  set out the reasons for forming that opinion.

             (3)  If the person giving the compulsory acquisition notice obtains 2 or more reports, each of which were obtained for the purposes of that notice, a copy of each report must be given to the holder of the securities.

             (4)  An offence based on subsection (3) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .



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