Australian Securities and Investments Commission
Corporations Act 2001 — Paragraphs 601QA(1)(a), 741(1)(a), 992B(1)(a) and 1020F(1)(a) — Variation
Under paragraphs 601QA(1)(a), 741(1)(a), 992B(1)(a) and 1020F(1)(a) of the Corporations Act 2001 the Australian Securities and Investments Commission varies Class Order [CO 02/294] by:
1. in paragraph 1:
(a) in paragraph (b) of the definition of “IDPS Guide” after “document” where first appearing inserting “(other than a Supplementary IDPS Guide)”;
(b) after the definition of “IDPS Guide” inserting:
“Note: Even where a Supplementary IDPS Guide is given at the same time as an IDPS Guide that consists of more than one document, it is not treated as one of those documents. A Supplementary IDPS Guide is required to meet the specific identification requirements in paragraph (b) of the definition of Supplementary IDPS Guide.”; and
(c) inserting after the definition of “rights issue”:
“Supplementary IDPS Guide” means a document:
(a) by which a person who has prepared an IDPS Guide can:
(i) correct a misleading or deceptive statement in the IDPS Guide; or
(ii) correct an omission from the IDPS Guide of information described in paragraph (2)(f); or
(iii) update the information contained in the IDPS Guide; and
(b) which has at the beginning:
(i) a statement that it is a Supplementary IDPS Guide; and
(ii) an identification of the IDPS Guide that it supplements; and
(iii) a statement that it is to be read together with that IDPS Guide and any other specified Supplementary IDPS Guides; and
(c) which is dated with the date on which the Supplementary IDPS Guide was prepared or the preparation was completed.”; and
2. after subparagraph 2(g) inserting:
“(ga) For the purposes of this instrument, if:
(i) a person is given an IDPS Guide; and
(ii) at the same time, or later, they are given a Supplementary IDPS Guide that supplements the IDPS Guide;
the IDPS Guide is taken, from when the Supplementary IDPS Guide is given to the person, to include the information and statements contained in the Supplementary IDPS Guide.” ; and
3. in subparagraph 2(h) after “IDPS Guide” inserting “and any Supplementary IDPS Guide”.
Dated this 17th day of December 2004
Signed by Brendan Byrne
as a delegate of the Australian Securities and Investments Commission