Corporations Act 2001

CHAPTER 8 - MUTUAL RECOGNITION OF SECURITIES OFFERS  

PART 8.2 - FOREIGN OFFERS THAT ARE RECOGNISED IN THIS JURISDICTION  

Division 1 - Recognised offers  

SECTION 1200B   WHEN AN OFFER IS A RECOGNISED OFFER  

1200B(1)   [ Day offer becomes recognised offer]  

An offer of securities becomes a recognised offer , in relation to a recognised jurisdiction, on the day the offer is first made in this jurisdiction, if the conditions in section 1200C are met in relation to the offer on that day.

1200B(2)   [ Offer continues to be recognised offer]  

The offer continues to be a recognised offer after that day, even if a condition in section 1200C ceases to be met after that day.

1200B(3)   [ ASIC may declare offer a recognised offer]  

If, at the time an offer is first made in this jurisdiction, the offer would be a recognised offer but for a failure to meet the condition in subsection 1200C(5) or (6) that ASIC is satisfied is minor or technical, ASIC may declare in writing that the offer is a recognised offer within the meaning of subsection (1).

1200B(4)   [ Time the condition is met]  

If ASIC makes a declaration under subsection (3) in relation to an offer, the condition is taken to have been met at the time the offer was first made in this jurisdiction.

1200B(5)   [ Declaration not a legislative instrument]  

A declaration under subsection (3) is not a legislative instrument.