Corporations Act 2001
CCH note - modifying legislative instruments: The application of Ch 6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Takeover Bids) Instrument 2023/683; the ASIC Corporations (Warrants: Relevant Interests and Associations) Instrument 2023/687; the ASIC Corporations (Replacement Bidder ' s and Target ' s Statements) Instrument 2023/688; and the ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
Note: This Chapter only applies to acquisitions of interests in a CCIV if the CCIV is a listed company: see Division 1 of Part 8B.7 .
View history note
Hide history noteApproval
639(1)
The copy of the target ' s statement that is lodged with ASIC must be approved by: (a) if paragraphs (b) and (c) do not apply - a resolution passed by the directors of the target; or (b) for a target that is under administration - the liquidator or administrator; or (c) for a target that has executed a deed of company arrangement that has not yet terminated - the deed ' s administrator.
Date
639(2)
The target ' s statement must be dated. The date is the date on which it is lodged with ASIC.
Strict liability offences
639(3)
An offence based on subsection (1) or (2) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
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