(1) If the offers under an off-market bid are subject to a defeating condition, the bidder may free the offers, and the takeover contracts, from the condition only by giving the target a notice declaring the offers to be free from the condition in accordance with this section:

(a)

if the condition is that the bidder may withdraw unaccepted offers if an event or circumstance referred to in subsection 652C(1) or (2) occurs in relation to the target—not later than 3 business days after the end of the offer period; or

(b)

in any other case—not less than 7 days before the end of the offer period.

(2) The notice must:

(a)

state that the offers are free from the condition; and

(b)

specify the bidder's voting power in the company.

(3) The notice must be:

(a)

if the securities in the bid class are quoted—given to the relevant securities exchange; and

(b)

if those securities are not quoted—lodged with ASIC.