Section 738M — Corporations Act 2001: Consents needed for publication of CSF offer document

(1) The company making a CSF offer must not arrange for a CSF offer document to be published on a platform of a CSF intermediary unless each of the following persons has consented in writing to the publication of that CSF offer document on a platform of that CSF intermediary: (a) each director of the company; (b) each person named in the CSF offer document as a proposed director of the company. Note: Failure to comply with this subsection is an offence (see subsection 1311(1)). (2) If the CSF offer document for a CSF offer includes a statement by a person, or a statement said in the document to be based on a statement by a person, the company making the offer must not arrange for the document to be published on a platform of a CSF intermediary unless: (a) the person has consented in writing to the statement being included in the document in the form and context in which it is included; and (b) the document states that the person has given this consent; and (c) the person has not withdrawn this consent before the company arranges for the document to be published on a platform of that CSF intermediary. Note: Failure to comply with this subsection is an offence (see subsection 1311(1)). (3) A company that makes a CSF offer must keep a consent required by subsection (1) or (2) for 7 years after the consent was given. Note: Failure to comply with this subsection is an offence (see subsection 1311(1)). (4) An offence based on subsection (1), (2) or (3) is an offence of strict liability.