Corporations Act 2001
Modifying legislative instruments: The application of Ch 6A is affected by the following legislative instruments that commenced on or after 1 January 2022: ASIC Corporations (Compulsory Acquisitions and Buyouts) Instrument 2023/684.
For legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6A, 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.
This Chapter extends to the acquisition of securities of listed bodies that are not companies but are incorporated or formed in Australia in the same way as it applies to the acquisition of securities of companies.
Note 1: Section 9 defines company and listed .
Note 2: This Chapter only applies to the acquisition of securities in a CCIV if the CCIV is a listed company: see section 1240E .
View history note
Hide history noteThis Chapter extends to the acquisition of interests in a registered scheme that is also listed as if: (a) the scheme were a company; and (b) interests in the scheme were shares in the company; and (c) voting interests in the scheme were voting shares in the company.
660B(2)
If Part 6A.1 applies to a scheme at the end of the bid period for a takeover, that Part continues to apply to the scheme in relation to the takeover bid even if the scheme ceases to be listed.
660B(3)
If Part 6A.2 applies to a scheme when a compulsory acquisition notice under section 664C is lodged, that Part (including Division 2 of that Part) continues to apply to the scheme in relation to the notice even if the scheme ceases to be listed.
[ CCH Note: S 660B(3) will be amended by No 69 of 2020, s 3, Sch 1[1019], by inserting " with the Registrar " after " lodged " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
660B(4)
The regulations may modify the operation of this Chapter as it applies in relation to the acquisition of interests in listed registered schemes.
SECTION 660C 660C CHAPTER DOES NOT APPLY TO MCIs
This Chapter does not apply to MCIs.
ASIC may: (a) exempt a person from a provision of this Chapter; or (b) declare that this Chapter applies to a person as if specified provisions were omitted, modified or varied as specified in the declaration.
669(2)
The exemption or declaration may: (a) apply to all or specified provisions of this Chapter; and (b) apply to all persons, specified persons, or a specified class of persons; and (c) relate to all securities, specified securities or a specified class of securities; and (d) relate to any other matter generally or as specified.
669(3)
An exemption may apply unconditionally or subject to specified conditions. A person to whom a condition specified in an exemption applies must comply with the condition. The Court may order the person to comply with the condition in a specified way. Only ASIC may apply to the Court for the order.
669(4)
The exemption or declaration must be in writing and ASIC must publish notice of it in the Gazette .
669(5)
For the purposes of this section, the provisions of this Chapter include: (a) regulations made for the purposes of this Chapter; and (b) definitions in this Act or the regulations as they apply to references in:
(i) this Chapter; or
(c) the old Division 12 of Part 11.2 transitionals.
(ii) regulations made for the purposes of this Chapter; and