Companies (Acquisition of Shares) Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 1301

Companies (Acquisition of Shares) Regulations2 (Amendment)

WHEREAS it is provided by sub-section 62 (2) of the Companies (Acquisition of Shares) Act 1980 that the power of the Governor-General to make regulations under that Act shall be exercised only in accordance with advice that is consistent with resolutions of the Ministerial Council for Companies and Securities established by the Agreement made on 22 December 1978 between the Commonwealth and the States as amended by the Agreement made on 24 February 1981:

AND WHEREAS the making of the following Regulation is in accordance with advice that is consistent with those resolutions:

NOW THEREFORE I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulation under the Companies (Acquisition of Shares) Act 1980.

Dated 11 June 1982.

Governor-General

By His Excellency’s Command,

Attorney-General

 

After regulation 5 of the Companies (Acquisition of Shares) Regulations the following regulation is inserted:

 

S.R. No. 111/82 Cat. No. —Recommended retail price 20c 91/13.5.1982

 

Prescribed matters and reports for the purposes of paragraph 16 (2a) (a) of the Act

“5A. For the purposes of paragraph 16 (2A) (a) of the Act, a Part A statement relating to an offer to acquire shares, where the consideration specified in the offer as the consideration for the acquisition of shares is or includes shares or debentures, shall contain the following reports and statements:

(a) the report that, if the statement were a prospectus issued on the date on which the statement is registered under section 18 of the Act, would be required to be set out in pursuance of paragraph 98 (1) (e) of the Companies Act 1981;

(b) the report that, if the statement were a prospectus issued on the date on which the statement is registered under section 18 of the Act, would be required to be included in the statement in pursuance of clause 21 of Schedule 4 to the Companies Regulations; and

(c) in respect of each report referred to in paragraphs (a) and (b), a statement that the person or each of the persons by whom the report is made consents to the inclusion of the report in the form and context in which it is included,

and shall, in relation only to debentures, set out the following matters:

(d) the matters that, if the statement were a prospectus issued on the date on which the statement is registered under section 18 of the Act, would be required to be included in the statement in pursuance of clause 29 of Schedule 4 to the Companies Regulations;

(e) if the statement contains an offer to issue a mortgage debenture or certificate of mortgage debenture stock, the matters that would be required to be included under sub-section 97 (4) of the Companies Act 1981, if the statement were a prospectus issued on the date on which the statement is registered under section 18 of the Act; and

(f) if the statement contains an offer to issue a debenture or certificate of debenture stock, the matters that would be required to be included under sub-section 97 (5) of the Companies Act 1981, if the statement were a prospectus issued on the date on which the statement is registered under section 18 of the Act.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 June 1982.

2. Statutory Rules 1981 No. 125.

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