Document ID: chunk:federal_register_of_legislation:C2004A05097:clause:1_2:p2
Version: federal_register_of_legislation:C2004A05097
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/3)
Character Range: 72687–75345

hold an aggregate substantial interest.

group includes:
 (a) one person alone; or
 (b) a number of persons, even if they are not in any way associated with each other or acting together.

increase, in relation to a stake in a company, includes an increase from a starting point of nil.

interest in a share has the meaning given by clause 8.

lending money includes providing non-equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money.

loan security means a security held solely for the purposes of a moneylending agreement.

moneylending agreement means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business.

officer, in relation to a company, includes:
 (a) a director, secretary or employee of the company; or
 (b) a receiver and manager of any part of the undertaking of the company appointed under a power contained in any instrument; or
 (c) a liquidator of the company appointed in a voluntary winding‑up.

ordinarily resident in Australia has the meaning given by clause 3.

ownership provisions means Part 2A and this Schedule.

power to appoint a director of a company has a meaning affected by clause 6.

relative, in relation to a person, means:
 (a) the person's spouse; or
 (b) another person who, although not legally married to the person, lives with the person on a bona fide domestic basis as the husband or wife of the person; or
 (c) a parent or remoter lineal ancestor of the person; or
 (d) a son, daughter or remoter issue of the person; or
 (e) a brother or sister of the person.

scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

share, in relation to a company, means a share in the share capital of the company, and includes:
 (a) stock into which any or all of the share capital of the company has been converted; or
 (b) an interest in such a share or in such stock.

stake, in relation to a company, has the meaning given by clause 11.

substantial interest, in relation to a trust estate, has the meaning given by clause 13.

sub-underwriter, in relation to an issue of shares, means a person who is a party to an agreement with an underwriter that obliges the first-mentioned person to subscribe for any of the shares in circumstances specified in