HOW MUCH CAN YOU INVEST?
The offer under the SPP Offer needs to comply with the relief issued by ASIC. Under that relief, Eligible Shareholders may only acquire up to a maximum of $15,000 of SPP Shares under a share purchase plan or similar plan in any 12 month period (except in certain circumstances as described in “Participation By Eligible Shareholders” above).
This limitation applies, for example, even if you receive more than one Application Form or if you hold ANZ Shares in more than one capacity
– e.g., if you are both a single and joint holder of ANZ Shares, as set out in “Participation By Eligible Shareholders”. An Eligible Shareholder may apply on different Application Forms for SPP Shares but may not apply for SPP Shares with an aggregate value of more than $15,000. The $15,000 limit applies irrespective of the number of ANZ Shares you hold on the Record Date.
EFFECT OF APPLYING TO PARTICIPATE
If you apply to participate in the SPP Offer by submitting a BPAY® payment or completing and returning the Application Form, you will be deemed to have represented on behalf of each person on whose account you are acting that:
(a) you acknowledge that you are, and each person on whose account you are acting is, an Eligible Shareholder;
(b) you agree that your application is made on, and you agree to be bound by, the terms and conditions of the SPP Offer set out in this booklet and the Application Form, and ANZ’s constitution;
(c) you declare that all details and statements in your Application Form are true and complete and not misleading;
(d) your application is irrevocable and unconditional;
(e) you acknowledge that the SPP Shares have not, and will not be,registered under the US Securities Act of 1933, as amended (US Securities Act) or the securities laws of any state or other jurisdictions in the United States, or in any other jurisdiction outside Australia or New Zealand and accordingly, the SPP Shares may not be offered, sold or otherwise transferred except in accordance with an available exemption from, or in a transaction not subject to, the registration requirements of the US Securities Act and any other applicable securities laws;
(f) you have not and will not send any materials relating to the SPP Offer to any person in the United States or that is, or is acting for the account or benefit of a U.S. Person;
(g) the total of the application price for the following does not exceed $15,000:
– the SPP Shares the subject of your Application Form or BPAY® payment;
– any other SPP Shares applied for by you under the SPP Offer; and
– any other SPP Shares which you have instructed a custodian to acquire on your behalf under the SPP Offer, even though you may have received more than one offer under the SPP Offer or received offers in more than one capacity under the SPP Offer;
(h) you are in compliance with all relevant laws and regulations (including, without limitation, section 1043A of the Corporations Act 2001 (Cth) and sections 241 to 243 of the Financial Markets Conduct Act 2013 (insider trading) and laws and regulations designed to restrict terrorism financing and/or money laundering);
(i) you are not a “designated person” or “designated entity” (or other like term) for the purpose of any domestic or international law or regulation implementing United Nations sanctions; and
(j) you acknowledge that the market price of ANZ Shares may rise or fall between the date this offer commences and the date when SPP Shares are allotted, or otherwise allocated, to you under the SPP Offer and that the price you pay per SPP Share pursuant to this offer may exceed the market price of ANZ Shares at the time the SPP Shares are allotted, or otherwise allocated, to you under the SPP Offer.