Section 51ABX — Competition and Consumer Act 2010: Requirements for notifications

(1) A notification of a proposed acquisition is made in accordance with this subsection if: (a) the notification is made in writing; and (b) the notification is accompanied by the fee (if any) determined under subsection (2) for the purposes of this paragraph in relation to the notification; and (c) the notification is made by: (i) if there is only one principal party to the acquisition—the principal party; or (ii) otherwise—all of the principal parties jointly; and (d) any of the following subparagraphs apply when the notification is made: (i) the acquisition is to take place pursuant to a contract, arrangement or understanding that has been entered into; (ii) the proposed contract, arrangement or understanding pursuant to which the acquisition is to take place has not been entered into, but all of the proposed parties to the contract, arrangement or understanding pursuant intend to enter into it; (iii) the acquisition is to be a takeover acquisition in relation to a takeover bid and subsection (4) applies; (iv) the acquisition is to take place pursuant to a proposed arrangement between a Part 5.1 body and its creditors or any class of them, or between a Part 5.1 body and its members or any class of them, under Part 5.1 of the Corporations Act 2001, and the arrangement has been publicly proposed by the Part 5.1 body. (2) The Minister may, by legislative instrument, determine a fee for the purposes of paragraph (1)(b) in relation to the notification. (3) To avoid doubt, the notification is taken not to be made before the fee (if any) required by paragraph (1)(b) is paid. (4) For the purposes of subparagraph (1)(d)(iii), this subsection applies if: (a) the bid has been publicly proposed; or (b) the bid has been made; or (c) the proposed principal party, or all of the proposed principal parties, to the acquisition, intend: (i) that the bid will be a bid to which paragraphs (c) and (d) of item 2 of the table in section 611 of the Corporations Act 2001 will apply; and (ii) to make a request under paragraph 51ABZZL(1)(d) of this Act in relation to the acquisition. Notifications may cover multiple acquisitions (5) If a proposal to put an acquisition into effect includes a proposal to put another acquisition into effect: (a) the proposed acquisitions may be notified in a single notification; and (b) the acquisitions provisions apply in relation to such a notification as if: (i) those acquisitions together constituted a single acquisition; and (ii) each party to those acquisitions were a party to that single acquisition; and (iii) each principal party to those acquisitions were a principal party to that single acquisition. Multiple notifying parties (6) If there is more than one notifying party of a notification of an acquisition: (a) a reference in this Part (other than this Subdivision) to giving a notice to the notifying party of the notification of the acquisition is taken to be a reference to giving a notice to any of those notifying parties; and (b) a reference in this Part (other than this Subdivision) to the notifying party of the notification of the acquisition doing a thing (such as giving additional information or documents or making a request or application) is taken to be a reference to all of those notifying parties doing that thing jointly.