33 Off-market sale by controller

An offer of financial products for sale requires disclosure under Part 3 of this Act if—

(a)

the offeror controls the issuer; and

(b)

either—

(i)

the financial products are not quoted; or

(ii)

although the financial products are quoted, the products are not offered for sale in the ordinary course of trading on a licensed market.

Compare: Corporations Act 2001 s 707(2) (Aust)