Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 644

Supplementary target's statement

If a target becomes aware of:

(a)
a misleading or deceptive statement in the target's statement; or

(b)
an omission from the target's statement of information required by section 638; or

(c)
a new circumstance that:

(i)
has arisen since the target's statement was lodged; and
(ii)
would have been required by section 638 to be included in the target's statement if it had arisen before the target's statement was lodged;
that is material from the point of view of a holder of bid class securities, the target must prepare a supplementary target's statement that remedies this defect.

Note 1: The target must then send and lodge the supplementary target's statement in accordance with section 647.

Note 2: Section 670A makes it an offence to give a target's statement after the target has become aware of a misleading or deceptive statement, omission or new circumstance that is material from the point of view of a holder of securities to whom the statement is given (unless the deficiency is corrected).

Note 3: The power to issue a supplementary target's statement is not limited to the situations dealt with in this section.

Note 4: This section applies to a target's statement that has already been previously supplemented.



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