Compulsory acquisition notice

(1) To compulsorily acquire securities under section 664A, the 90% holder must prepare a notice in the prescribed form that:

(a)

sets out the cash sum for which the 90% holder proposes to acquire the securities; and

(b)

specifies a period of at least 1 month during which the holders may return the objection forms; and

(c)

informs the holders about the compulsory acquisition procedure under this Part, including:

(i)

their right to obtain the names and addresses of the other holders of securities in that class from the company register; and

(ii)

their right to object to the acquisition by returning the objection form that accompanies the notice within the period specified in the notice; and

(d)

gives details of the consideration given for any securities in that class that the 90% holder or an associate has purchased within the last 12 months; and

(e)

discloses any other information that is:

(i)

known to the 90% holder or any related bodies corporate; and

(ii)

material to deciding whether to object to the acquisition; and

(iii)

not disclosed in an expert's report under section 667A.

(2) The 90% holder must then:

(a)

lodge the notice with ASIC; and

(b)

give each other person (other than a related body corporate) who is a holder of securities in the class on the day on which the notice is lodged with ASIC:

(i)

the notice; and

(ii)

a copy of the expert's report, or of all experts' reports, under section 667A; and

(iii)

an objection form; and

(c)

give the company copies of those documents; and

(d)

give copies of those documents to the relevant securities exchange if the company is listed.

Note: Everyone who holds the securities on the day on which the notice is lodged with ASIC is entitled to notice. Under subsection 664E(1), anyone who acquires the securities during the objection period may object to the acquisition.

Time for dispatching notice to holders

(3) The 90% holder must dispatch the notices under paragraph (2)(b) on the day the 90% holder lodges the notice with ASIC or on the next business day.

Manner of giving notice to holders

(4) The 90% holder may give the notice to a holder:

(a)

personally; or

(b)

by sending it by post to the address for the holder in the register of members, debenture holders or option holders.