The purposes of this Chapter are to ensure that:
- (a)
- the acquisition of
control over:
- (i)
- the voting shares in a listed company, or an unlisted company with more
than 50 members; or
- (ii)
- the voting shares in a listed body; or
- (iii)
- the voting interests in a listed managed investment scheme;
takes place in an efficient, competitive and informed market; and
- (b)
- the holders of the shares or interests, and the directors of the company
or body or the responsible entity for the scheme:
- (i)
- know the identity of any person who proposes to acquire a substantial
interest in the company, body or scheme; and
- (ii)
- have a reasonable time to consider the proposal; and
- (iii)
- are given enough information to enable them to assess the merits of the
proposal; and
- (c)
- as far as practicable, the holders of the relevant class of voting shares
or interests all have a reasonable and equal opportunity to participate in any
benefits accruing to the holders through any proposal under which a person
would acquire a substantial interest in the company, body or scheme; and
- (d)
- an appropriate procedure is followed as a preliminary to compulsory
acquisition of voting shares or interests or any other kind of securities
under Part 6A.1.
- Note 1: To achieve the objectives referred to in paragraphs (a), (b) and
(c), the prohibition in section 606 and the
exceptions to it refer to interests in "voting shares". To achieve the
objective in paragraph (d), the provisions that deal with the takeover
procedure refer more broadly to interests in "securities".
Note 2: Subsection 92(3) defines securities for the purposes of this Chapter.