359Licensed market operator must give notice and have regard to submissions on continuous disclosure determinations

1. This section and section 360 apply to a determination by a licensed market operator if—

2. the determination exempts from, waives, or determines the meaning of a continuous disclosure provision of its listing rules for a licensed market (or varies or revokes a determination of that kind); and
3. that continuous disclosure provision relates to material information that is not generally available to the market.

4. The licensed market operator must—

5. give the FMA no less than 2 trading days' written notice, before making the determination, of—
   1. the proposed terms of the determination; and
   2. the reasons for the proposed determination; and
6. have regard to any written submissions made to it by the FMA within that notice period; and
7. must, as soon as is reasonably practicable after making the determination, give written notice to the FMA of—
   1. the terms of the determination; and
   2. the reasons for the determination.

8. A failure to comply with this section or section 360 does not affect the validity of a determination.