45. Definitions of material information and special relationship for this Part

Past version: effective up to 01/05/2010
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(1) In this Part:

"material information" means:
(a) in relation to Investments, information that significantly affects, or would reasonably be expected to have a significant effect, on the market price or value of Investments; or
(b) in relation to the affairs of a Reporting Entity, information relating to a change in the business, operations or capital of the Reporting Entity that would reasonably be expected to have a significant effect on the market price or value of the Investments in or related to the Reporting Entity.
(2) In this Part:

"a person in special relationship" means:
(a) a person that is a director, officer, employee, affiliate, Associate or adviser of:
(i) the relevant Reporting Entity;
(ii) a person that is proposing to make a Takeover Offer under Part 7 for the shares of the Reporting Entity; or
(iii) a person that is proposing to be involved in a takeover with the Reporting Entity;
(b) a person that is engaging in or proposes to engage in any business or professional activity with or on behalf of the Reporting Entity or with or on behalf of a person described in Article 45(2)(a)(ii) or (iii);
(c) a person that is a director, officer or employee of the entity described in Article 45(2)(b);
(d) a person that learned of the material information with respect to the Reporting Entity while the person came within Article 45(2)(a), (b) or (c); or
(e) a person that learned of material information with respect to the Reporting Entity from any other person described in Article 45(2)(a), (b), (c) or (d) and knows or ought reasonably to have known that the other person is in such a relationship.