(1) A person who accepts an offer made under an off-market bid may withdraw
their acceptance of the offer if:
- (a)
- the bid is subject to a
defeating condition; and
- (b)
- the bidder varies the offers under the bid in a way that postpones for
more than 1 month the time when the bidder has to meet their obligations under
the bid; and
- (c)
- the person is entitled to be given a notice of the variation under
subsection 650D(1).
(2) To withdraw their acceptance, the person must:
- (a)
- give the bidder
notice within 1 month beginning on the day after the day on which the copy of
the notice of the variation was received; and
- (b)
- return any consideration received by the person for accepting the offer.
(3) A notice under paragraph (2)(a):
- (a)
- if it relates to securities
that are entered on an SCH subregistermust be in an electronic form
approved by the SCH business rules for the purposes of this Part; or
- (b)
- if it relates to shares that are not entered on an
SCH subregistermust be in writing.
(4) To return consideration that includes securities, the person must:
- (a)
- if the securities are entered on an SCH subregistertake the action that
the SCH business rules require in relation to the return of the securities; or
- (b)
- otherwisegive the bidder any transfer documents needed to effect the
return of securities.
(5) If the person withdraws their acceptance, the bidder must:
- (a)
- take any
action that the SCH business rules require in relation to any of the
securities to which the acceptance relates that are entered on an SCH
subregister; and
- (b)
- return any documents that the person sent the bidder with the acceptance
of the offer;
within 14 days after:
- (c)
- if the person does the things referred to in subsection (2) on the
same daythat day; or
- (d)
- if the person does those things on different daysthe last of those
days.
(6) If under this section a person returns to a company any certificates
(together with any necessary transfer documents) in respect of the securities
issued by the company, the company must cancel those securities as soon as
possible. Any reduction in share capital is authorised by this subsection.