New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Vic Act s 357)
(1) If, under a scheme or contract to which this Division applies, the transferee becomes beneficially entitled to shares in the transferor which, together with any other shares in the transferor to which the transferee or a body corporate related to the transferee is beneficially entitled comprise or include 90% in nominal value of the shares concerned, then:(a) the transferee must, within 28 days after becoming beneficially entitled to those shares, give notice of the fact as prescribed to the holders of the remaining shares concerned who, when the notice was given, had not assented to the scheme or contract or been given a compulsory acquisition notice by the transferee under this Division, and(b) such a holder may, within 3 months after being given that notice, by notice to the transferee require the transferee to acquire the holder’s share and, if alternative terms were offered to the approving shareholders, elect which of those terms the holder will accept.
(2) If a shareholder gives notice under this section with respect to the shareholder’s shares, the transferee is entitled and bound to acquire those shares:(a) on the terms on which under the scheme or contract the shares of the approving shareholders were transferred to the transferee and, if alternative terms were offered to those shareholders, on the terms for which the shareholder has elected, or, if no election is made, for whichever of the terms the transferee determines, or(b) on such other terms as are agreed or as the Court, on the application of the transferee or of the shareholder, thinks fit to order.