Section 1043C — Corporations Act 2001: Exception for underwriters

(1) Subsection 1043A(1) does not apply in respect of: (a) applying for or acquiring securities, managed investment products or foreign passport fund products under an underwriting agreement or a sub-underwriting agreement; or (b) entering into an agreement referred to in paragraph (a); or (c) disposing of securities, managed investment products or foreign passport fund products acquired under an agreement referred to in paragraph (a). (2) Subsection 1043A(2) does not apply in respect of: (a) the communication of information in relation to securities, managed investment products or foreign passport fund products to a person solely for the purpose of procuring the person to enter into an underwriting agreement in relation to any such securities, managed investment products or foreign passport fund products; or (b) the communication of information in relation to securities, managed investment products or foreign passport fund products by a person who may be required under an underwriting agreement to apply for or acquire any such securities, managed investment products or foreign passport fund products if the communication is made to another person solely for the purpose of procuring the other person to do either or both of the following: (i) enter into a sub-underwriting agreement in relation to any such securities, managed investment products or foreign passport fund products; (ii) apply for any such securities, managed investment products or foreign passport fund products.