Document ID: chunk:federal_register_of_legislation:C2004A05165:clause:1_34d
Version: federal_register_of_legislation:C2004A05165
Segment Type: clause
Provision Reference: sch 1 cl 34D
Character Range: 37119–39165

34D  Giving of assistance—ancillary provisions

 (1) The assistance mentioned in subsection 34C(1), (2), (3) or (4) may take the form of:
 (a) the giving of information; or
 (b) the giving of financial assistance (within the meaning of section 205 of the Corporations Law); or
 (c) the giving of a financial benefit to a related party (within the meaning of Part 3.2A of the Corporations Law); or
 (d) the provision, by the directors or employees of a sale scheme body, of facilities, information and other assistance in connection with the conduct of:
 (i) a due diligence procedure or a similar process; or
 (ii) a market briefing or a similar process; or
 (e) the entering into of an agreement with the Commonwealth or the Corporation.

 (2) For the purposes of paragraph (1)(b), if section 205 of the Corporations Law is repealed and replaced by another provision of the Corporations Law that deals with the giving of financial assistance by companies, the reference in that paragraph to section 205 is to be read as a reference to the replacement provision.

 (3) For the purposes of paragraph (1)(c), if Part 3.2A of the Corporations Law is repealed and replaced by another provision of the Corporations Law that deals with the giving of financial benefits to related parties, the reference in that paragraph to Part 3.2A is to be read as a reference to the replacement provision.

 (4) Subsection (1) does not, by implication, limit the forms in which assistance may be given.

 (5) Section 34C does not, by implication, limit any rights that are conferred on shareholders by other laws.

 (6) Section 34C does not, by implication, limit:
 (a) the executive power of the Commonwealth to enter into an agreement; or
 (b) the power of the Corporation to enter into an agreement; or
 (c) the capacity of a sale scheme body, or a director of a sale scheme body, to enter into an agreement with the Commonwealth or the Corporation.

 (7) Section 34C extends to the giving of assistance outside Australia, whether or not in a foreign country.