Corporations Act 2001
CCH note - modifying legislative instruments: The application of Ch 6D is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Employee Incentive Schemes - Ongoing Relief) Instrument 2025/169; and the ASIC Corporations (Offers of CHESS Depository Interests) Instrument 2025/180.
For legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6D, 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.
CCH note - modifying legislative instruments: The application of Pt 6D.1 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Offers of CHESS Depository Interests) Instrument 2025/180.
For legislative instruments or class orders before 1 January 2022 that affect the application of Pt 6D.1, 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.
CCH note: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.
In this Chapter, securities has the same meaning as it has in Chapter 7 , but does not include: (a) a security as defined in paragraph 92(5)(e) or (f) ; or (b) a simple corporate bonds depository interest in simple corporate bonds, where the simple corporate bonds were issued under a 2-part simple corporate bonds prospectus.
Note: In this Chapter, subject to subsection 1240H(6) , securities also does not include a security in a CCIV: see section 1240G .
View history note
Hide history note[ CCH Note: Act No 101 of 2007, Sch 1, Pt 6 [ 229 ] contained the following application provision (which was effective 28 June 2007):
]Application of items 9, 10, 71 and 96
The amendments made by items 9, 10, 71 and 96 of this Schedule apply to rights issues offered on or after the day on which those items commence.
700(2)
(Repealed by No 76 of 2023, s 3, Sch 2 [ 80 ] (effective 20 October 2023).)
700(3)
(Repealed by No 76 of 2023, s 3, Sch 2 [ 80 ] (effective 20 October 2023).)
Geographical coverage of Chapter
700(4)
This Chapter applies to offers of securities that are received in this jurisdiction, regardless of where any resulting issue, sale or transfer occurs.
CCH Note - modifying legislative instruments: Section 700 is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Offers of CHESS Depository Interests) Instrument 2025 / 180.
For modifying legislative instruments or class orders before 1 January 2022, 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.
(Repealed by No 122 of 2001, s 3, Sch 1, Pt 2 [ 410] (effective 11 March 2002).) SECTION 702 702 TREATMENT OF OFFERS OF OPTIONS OVER SECURITIES
For the purposes of this Chapter:
(a) an offer of an option over securities is not taken to be an offer of the underlying securities; and
(b) the grant of an option without an offer of the option is taken to be an offer of the option; and
(c) an offer to grant an option is taken to be an offer to issue the security constituted by the option.
Note 1: If a disclosure document is needed for the option and there is no further offer involved in exercising the option, the issue or sale of the underlying securities on the exercise of the option does not need a disclosure document.
Note 2: Paragraph (b) - the grant of the option will not require a disclosure document if no consideration is payable on the grant or the exercise of the option (see subsections 708(15) and (16)).
SECTION 703 703 CHAPTER MAY NOT BE CONTRACTED OUT OFA condition of a contract for the sale or issue of securities is void if it provides that a party to the contract is:
(a) required or bound to waive compliance with any requirement of this Chapter; or
(b) taken to have notice of any contract, document or matter not specifically referred to in the disclosure document for the offer. SECTION 703A 703A OPERATING A CLEARING AND SETTLEMENT FACILITY IS NOT OFFERING SECURITIES ETC.
Nothing that the operator of a clearing and settlement facility does in the course of, or in connection with, providing facilities for the settlement of transactions constitutes, for the purposes of this Chapter: (a) an offer of securities for subscription or purchase; or (b) an invitation to subscribe for or buy securities.