THE CORPORATIONS LAW

CHAPTER 6A - COMPULSORY ACQUISITIONS AND BUY-OUTS

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PART 6A.4 - EXPERTS' REPORTS AND VALUATIONS

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SECTION 667B   EXPERT MUST NOT BE AN ASSOCIATE AND MUST DISCLOSE PRIOR DEALINGS AND RELATIONSHIPS  

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667B(1)  [Independence of expert]  

The expert who provides the report must not be an associate of:

(a)  the person giving the notice; or

(b)  the company that issued the securities.

667B(2)  [Content of report]  

The report must set out details of:

(a)  any relationship between the expert and:

(i) the person giving the notice or an associate of the person giving the notice; or
(ii) the company that issued the securities or an associate of the company;

including any circumstances in which the expert gives them advice, or acts on their behalf, in the proper performance of the functions attaching to the expert's professional capacity or business relationship with them; and

(b)  any financial or other interest of the expert that could reasonably be regarded as being capable of affecting the expert's ability to give an unbiased opinion in relation to the matter being reported on; and

(c)  any fee, payment or other benefit (whether direct or indirect) that the expert has received or will or may receive in connection with the report.

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