Document ID: chunk:federal_register_of_legislation:C2007A00117:clause:1_36g
Version: federal_register_of_legislation:C2007A00117
Segment Type: clause
Provision Reference: sch 1 cl 36G
Character Range: 9755–11122

36G  What is a restructure instrument?

 (1) A restructure instrument included in a restructure approval is an instrument in relation to an operating body that gives relief (as mentioned in subsection (2)) to any or all of the following, as specified in the instrument:
 (a) the NOHC that is the subject of the restructure approval;
 (b) any body corporate related to that NOHC;
 (c) if the instrument specifies a requirement in Division 1 of Part 2J.1 of the Corporations Act 2001—any other person involved in complying with the requirement.

 (2) The Minister may specify in the instrument:
 (a) that the bodies and persons specified in the instrument are given relief from specified requirements of Division 1 of Part 2J.1, or Part 2J.2, of the Corporations Act 2001, in accordance with the instrument; and
 (b) the extent (if any) to which the bodies specified in the instrument are given relief from the requirement in section 254T of that Act.

Note 1: Division 1 of Part 2J.1 of the Corporations Act 2001 deals with restrictions in share capital. Part 2J.2 of that Act deals with self‑acquisition and control of shares.

Note 2: Section 254T of that Act provides that dividends may only be paid out of the profits of a company.

Note 3: For the legal effect of the instrument, see section 36J.

 (3) A restructure instrument is not a legislative instrument.