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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 82
Offers and invitations to the public
82. A reference in this Act to, or to the making of, an offer to the public or
to, or to the issuing of, an invitation to the public shall, unless th
contrary intention appears, be construed as including a reference to, or to
the making of, an offer to any section of the public or to, or to the issuing
of, an invitation to any section of the public, as the case may be, whether
selected as clients of the person making the offer or issuing the invitation
or in any other manner and notwithstanding that the offer is capable of
acceptance only by each person to whom it is made or that an offer or
application may be made pursuant to the invitation only by a person to whom
the invitation is issued, but a bona fide offer or invitation shall not be
taken to be an offer or invitation to the public if it:
(a) is an offer or invitation to enter into an underwriting agreement;
(b) is made or issued to a person whose ordinary business is to buy or
sell shares, debentures or prescribed interests, whether as principal
or agent;
(c) is made or issued to existing members or debenture holders of a
corporation and relates to shares in, or debentures of, that
corporation; or
(d) is made or issued to existing members of a company in connection with
a proposal referred to in section 507 and relates to shares in that
company.
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