An offer for the issue, sale or transfer of ESS interests of a body corporate or registered scheme to ESS participants in connection with an employee share scheme is eligible to be made under this Division if:
(a) the offer is covered by any of the following:
(i) section 1100P (about offers for no monetary consideration);
(ii) section 1100Q (about offers for monetary consideration);
(iii) section 1100R (about offers that would otherwise not need disclosure); and
(b) the offer is expressed to be made under this Division.