COMPANIES (ACQUISITION OF SHARES) REGULATIONS (AMENDMENT) 1986 NO. 34 

COMPANIES (ACQUISITION OF SHARES) REGULATIONS (AMENDMENT) 1986 NO. 34 
- TABLE OF PROVISIONS

1. Securities exchanges and stock exchanges declared for the purposes of the Act  
2.  
3. Prescribed offices under paragraph 9 (8) (b) of the Act  
4. Prescribed matters and reports for the purposes of paragraph 16 (2A) (a) of the Act  


1986 No. 34 COMPANIES (ACQUISITION OF SHARES) REGULATIONS (AMENDMENT)
- REG 1
Securities exchanges and stock exchanges declared for the
purposes of the Act


  1. Regulation 4 of the Companies (Acquisition of Shares) Regulations is
amended-
  (a)  by omitting "definition of" and substituting "definitions of
'securities exchange' and"; and
  (b)  by inserting "a securities exchange and" after "declared to be".


1986 No. 34 COMPANIES (ACQUISITION OF SHARES) REGULATIONS (AMENDMENT)
- REG 2


  2. The Companies (Acquisition of Shares) Regulations are amended by
inserting after regulation 4 the following regulation:
Prescribed manner of dispatch for the purposes of paragraphs 8A (1) (b) and
        (c)
of the Act
  "4A. For the purposes of paragraphs 8A (1) (b) and (c) of the Act, the
following manners of dispatch of a document are prescribed:
  (a)  where the document is to be dispatched to a person in an external
Territory or outside Australia-by pre-paid airmail post;
  (b)  in any other case-by pre-paid ordinary post.".


1986 No. 34 COMPANIES (ACQUISITION OF SHARES) REGULATIONS (AMENDMENT)
- REG 3
Prescribed offices under paragraph 9 (8) (b) of the Act


  3. Regulation 5 of the Companies (Acquisition of Shares) Regulations is
amended by omitting paragraph (1) (zd) and substituting the following
paragraph: 
  "(zd) the office of the Public Trustee under the Administration and Probate
Ordinance 1929 and the Public Trustee Ordinance 1985 of the Australian Capital
Territory;".


1986 No. 34 COMPANIES (ACQUISITION OF SHARES) REGULATIONS (AMENDMENT)
- REG 4
Prescribed matters and reports for the purposes of paragraph 16 (2A) (a) of
the
Act


  4. Regulation 5A of the Companies (Acquisition of Shares) Regulations is
amended by adding at the end the following sub-regulation:
  "(2) For the purposes of paragraph 16 (2A) (a) of the Act, a Part A
statement relating to an offer by an offeror that is or includes a corporation
to acquire shares under a take-over scheme shall, where-
  (a)  the consideration specified in the offer is not, and does not include,
marketable securities or promissory notes; and
  (b)  each offer under the scheme is subject to a condition requiring the
making of a payment (whether by way of making a loan, subscribing for shares
or otherwise) by the offeree to that offeror, set out, in respect of the
offeror-
  (c)  a report by a registered company auditor of that corporation (to be
headed 'Investigating Accountant's Report') containing the matters that would
be required to be contained in a report pursuant to paragraph 98 (1) (e) of
the Companies Act 1981 concerning that corporation if the statement were a
prospectus issued in respect of that corporation on the date on which the
statement is registered under section 18 of the Act;
  (d)  a report by the directors of that corporation containing the matters
that would be required to be contained in a report pursuant to clause 21 of
Schedule 4 to the Companies Regulations concerning that corporation if the
statement were a prospectus issued on the date on which the statement is
registered under section 18 of the Act; and
  (e)  in respect of each report referred to in paragraph (a) or (b), a
statement that the person, or each of the persons, making the report consents
to that report being set out in that Part A statement.".


- NOTES


1986 No. 34*1* COMPANIES (ACQUISITION OF SHARES) REGULATIONS*2* (AMENDMENT)



*1* Notified in the Commonwealth of Australia Gazette on 21 March 1986.
*2* Statutory Rules 1981 No. 125 as amended by 1982 No. 130; 1983 No. 318;
1984 No. 244.