Corporations Act 2001
CCH note - modifying legislative instruments: The application of Ch 6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Takeover Bids) Instrument 2023/683; the ASIC Corporations (Warrants: Relevant Interests and Associations) Instrument 2023/687; the ASIC Corporations (Replacement Bidder ' s and Target ' s Statements) Instrument 2023/688; and the ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
Note: This Chapter only applies to acquisitions of interests in a CCIV if the CCIV is a listed company: see Division 1 of Part 8B.7 .
The Takeovers Panel may make a declaration under section 657A , or an order under section 657D or 657E , only on an application made under this section.
657C(2)
An application for a declaration under section 657A or an order under section 657D or 657E may be made by: (a) the bidder; or (b) the target; or (c) ASIC; or (d) any other person whose interests are affected by the relevant circumstances.
Note: The Administrative Review Tribunal cannot review ASIC ' s decision whether to apply to the Takeovers Panel (see paragraph 1317C(gc) ).
657C(3)
An application for a declaration under section 657A can be made only within: (a) 2 months after the circumstances have occurred; or (b) a longer period determined by the Takeovers Panel.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.