(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 securities exchange; 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.