Australian Securities and Investments Commission Class Order [Co 03/637] (Cth)

Australian Securities and Investments Commission
Corporations Act 2001 – Paragraph 669(1)(b) – Variation

Under paragraph 669(1)(b) of the Corporations Act 2001 the Australian Securities and Investments Commission varies Class Order [CO 01/1544] by in paragraph 1 omitting notional subsection 661A(1A) and substituting:

“(1A)   For the purposes of the 75% calculation in subparagraph (1)(b)(ii):

(a)        exclude from the number of securities acquired and from the number of securities that the bidder offered to acquire under the bid, securities:

(i)         in which the bidder or their associate has a relevant interest at the date of the first offer under the bid; or

(ii)        issued to an associate of the bidder during the offer period; and

(b)        if the securities are convertible securities, exclude from the number of securities that the bidder offered to acquire under the bid convertible securities (other than any securities excluded because of paragraph (a)) where the holder by exercising the rights attached to those securities has:

(i)    another class of securities issued to them; or

(ii)   has the securities transformed into securities in another class,

in the period from the date set by the bidder under subsection 633(2) to the end of the offer period.”.

Dated this 22nd day of September 2003

Signed by Stephen Yen, PSM

as a delegate of the Australian Securities and Investments Commission