dumb question about takeover, page-4

So, in essence, am I correct in understanding that:

There will be a vote by shareholders on whether 45c is an acceptable amount, but the outcome of that vote won't necessarily guarantee funding?

I don't understand why there isn't legislation that says a takeover bid should only be launched if the funding has been secured. Otherwise, why not set up a $1 company and use it to pretend you're going to buy any mining company of your choosing.