Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 649

Acquisition by third party of shares subject to takeover offer
649. Where:
(a) a takeover offer (in this section called the "original offer") relating
to particular shares (in this section called the "relevant shares") has been
made to a person under a full takeover scheme; or
(b) a takeover offer (in this section also called the "original offer"),
relating to a proportion of particular shares (in this section also called the

"relevant shares") has been made to a person under a proportional takeover
scheme; and another person was at the time when the original offer was made,
or becomes at any time during the period during which the original offer
remains open and before the original offer is accepted, the holder of, or
entitled to be registered as the holder of, shares (in this section called the

"transferred shares"), being some or all of the relevant shares, the offeror
shall be deemed:

   (c)  to have made at that time to the other person a corresponding takeover
        offer relating to:

        (i)    if paragraph (a) applies-the transferred shares; or

        (ii)   if paragraph (b) applies-the proportion of the
               transferred shares;

   (d)  to have made at that time to the person referred to in paragraph (a)
        or (b), as the case may be, a corresponding takeover offer relating
        to:

        (i)    if paragraph (a) applies-such (if any) of the relevant shares
               as are shares other than the transferred shares; or

        (ii)   if paragraph (b) applies-that proportion of such (if any) of
               the relevant shares as are shares other than the
               transferred shares; and

   (e)  despite section 653, to have withdrawn, immediately after that time,
        the original offer. 


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