Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 644

644. (1) A person shall not serve a statement that purports to be a Part A
statement on a target company unless:

   (a)  a copy of the statement; and

   (b)  a copy of one of the proposed offers to which the statement relates,
        being a copy that need not include:

        (i)    the name or address of the offeree;

        (ii)   the date of the proposed offer or any other date that is
               related to or dependent upon that date; or

        (iii)  the particulars referred to in subsection 638 (4); have been
               registered by the Commission within the 21 days ending on the
               day immediately before the day on which the statement is
               served.

(2) Subject to subsections (3) and (4), the Commission shall register the
copies.

(3) The Commission shall refuse to register the copies if:

   (a)  it appears that the statement or the proposed offer does not comply,
        or that neither complies, with the requirements of this Act; or

   (b)  the Commission is of the opinion that the statement or the proposed
        offer contains, or that both contain, matter that is false in a
        material particular or materially misleading.

(4) The Commission shall refuse to register the copies unless, in relation to
each report that, because of clause 18 in Part A in section 750, is set out in
the copy of the statement, there is lodged a notice, signed by the person or
persons by whom the report is made, to the effect that the person, or each of
the persons, consents to the inclusion of the report in the statement in the
form and context in which it is included.

(5) If, by 5 p.m. on the next day (being a day on which the office of the
Commission at which the copies were lodged is open to the public) after the
day on which the copies were lodged:

   (a)  the Commission has neither registered, nor refused to register, the
        copies; and

   (b)  the offeror has not, by notice to the Commission, withdrawn the
        copies; the copies shall be deemed to have been registered by the
        Commission at that time.

(6) A statement served on a target company in contravention of this section
shall, for the purposes of this Chapter other than this section and section 
704 , be deemed not to have been served.