(1) If the 90% holder gives a notice under section 664C to compulsorily
acquire securities, the 90% holder or an associate must not offer, give or
agree to give a benefit to a person during the objection period if:
- (a)
- the
benefit is likely to induce the person, or an associate of the person, to:
- (i)
- dispose of securities in that class; or
- (ii)
- not object to the acquisition of those securities under the notice; and
- (b)
- the benefit is not provided for in the notice.
(2) If the 90% holder proposes to give a notice under section 664C to
acquire securities within the next 4 months, the 90% holder or an associate
must not offer, give or agree to give a benefit to a person if:
- (a)
- the
benefit is likely to induce the person, or an associate of the person, to:
- (i)
- dispose of securities in that class; or
- (ii)
- not object to the acquisition of those securities under the notice; and
- (b)
- the benefit is not proposed to be provided for in the notice.
(3) If the 90% holder gives a notice under section 664C to compulsorily
acquire securities, the 90% holder or an associate must not give a benefit to
a person:
- (a)
- within 1 month after the end of the objection period (see
subsection 664F(2)); or
- (b)
- during any proceedings by the Court to determine an application under
subsection 664F(1) by the 90% holder;
if:
- (c)
- the benefit is likely to induce the person, or an associate of the person,
to:
- (i)
- not object, or pursue an objection, to the acquisition of those securities
under the notice; or
- (ii)
- dispose of securities in that class; and
- (d)
- the benefit is not offered to all holders of securities in that class
under the notice.
(4) This section does not prohibit simultaneous notices under
section 664C to compulsorily acquire different classes of securities in
the company.