person's and associates' votes is the total number of votes attached to all
the voting shares in the company or interests in the scheme (if any) that the
person or an associate has a relevant interest in.
total votes in company or scheme is the total number of votes attached to all
voting shares in the company or interests in the scheme.
- Note: Subsection (7) expands the normal concept of relevant interest to
take account of exchange traded options and conditional agreements.
Information that must be given
(3) The information to be given is:
- (a)
- the
person's name and address; and
- (b)
- details of their relevant interest in:
- (i)
- voting shares in the company; or
- (ii)
- interests in the scheme; and
- (c)
- details of any relevant agreement through which they would have a relevant
interest in:
- (i)
- voting shares in the company; or
- (ii)
- interests in the scheme; and
- (d)
- the name of each associate who has a relevant interest in voting shares in
the company or interests in the scheme, together with details of:
- (i)
- the nature of their association with the associate; and
- (ii)
- the relevant interest of the associate; and
- (iii)
- any relevant agreement through which the associate has the relevant
interest; and
- (e)
- if the information is being given because of a movement in their
holdingthe size and date of that movement; and
- (f)
- if the information is being given because a person has ceased to be an
associatethe name of the person; and
- (g)
- any other particulars that are prescribed.
- Note: Subsection (7) expands the normal concept of relevant interest to
take account of exchange traded options and conditional agreements.
Information to be in prescribed form and accompanied by certain documents
(4)
The information must be given in the prescribed form and must be accompanied
by:
- (a)
- a copy of any document setting out the terms of any
relevant agreement that:
- (i)
- contributed to the situation giving rise to the person needing to provide
the information; and
- (ii)
- is in writing and readily available to the person; and
- (b)
- a statement by the person giving full and accurate details of any
contract, scheme or arrangement that:
- (i)
- contributed to the situation giving rise to the person needing to provide
the information; and
- (ii)
- is not both in writing and readily available to the person.
If the person is required to give a copy of a contract, scheme or arrangement,
the copy must be endorsed with a statement that the copy is a true copy.
(5) The information does not need to be accompanied by the documents referred
to in subsection (4) if the transaction that gives rise to the person
needing to provide the information takes place on a stock exchange approved
under section 769.
Deadline for giving information
(6) The person must
give the information:
- (a)
- within 2 business days after they become aware of
the information; or
- (b)
- by 9.30 am on the next trading day of the relevant securities exchange
after they become aware of the information if:
- (i)
- a takeover bid is made for voting shares in the company or voting
interests in the scheme; and
- (ii)
- the person becomes aware of the information during the bid period.
Relevant interestsexchange traded options and conditional agreements
(7) For the purposes of this section, a person has a relevant interest in
securities if the person would have a relevant interest in the securities but
for subsection 609(6) (exchange traded options) or 609(7) (conditional
agreements).