Part 7.9 of the Act applies in relation to the offer as if section 1019H of the Act were modified by replacing that section with the following:
1019H Varying terms of offer
(1) An offeror may vary the terms of an offer to which this Division applies for the purchase of securities in a proprietary company if:
(a) the variation is:
(i) to improve the consideration offered under the offer; or
(ii) to extend the period that the offer remains open at any time before the end of that period; and
(b) the variation will apply to each offeree that has not accepted the offer before the variation is made.
(2) The variation may only be made by sending a supplementary offer document in printed or electronic form to:
(a) if the variation is to improve the consideration offered under the offer--each offeree in accordance with paragraphs 1019E(1)(a) and (b); or
(b) if the variation is to extend the period that the offer remains open--each offeree that has not accepted the offer in accordance with paragraphs 1019E(1)(a) and (b).
(3) The supplementary offer document must:
(a) identify the offer to which it relates; and
(b) describe the variation; and
(c) be worded and presented in a clear, concise and effective manner.
(4) The terms of the offer cannot be varied otherwise than under this section.
(5) This section does not:
(a) affect the offeror's obligation under section 1019J to update the market value of the financial product to which the offer relates; or
(b) prevent the offeror from withdrawing the offer in accordance with section 1019G or paragraph 1019J(2)(a) and making another offer on different terms; or
(c) prevent the offeree from making a counter-offer on different terms.