Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1100m:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1100M (pt 1/2)
Character Range: 4783915–4786434

1100M  Meaning of ESS interest

Bodies corporate included in the official list of a financial market
 (1) An ESS interest, in a body corporate that is included in the official list of a financial market covered by section 1100K, means any of the following:
 (a) a fully paid share in the body corporate that is in a class of shares that is able to be traded on the financial market;
 (b) a beneficial interest in a fully paid share in the body corporate where the beneficial interest is in a class of interests that is able to be traded on the financial market;
 (c) a fully paid share in the body corporate that is convertible into an interest referred to in paragraph (b), where the conversion can be made without charge or for a nominal fee;
 (d) a beneficial interest in a fully paid share in the body corporate that is convertible into an interest referred to in paragraph (a), where the conversion can be made without charge or for a nominal fee;
 (e) a unit in an interest mentioned in any of paragraphs (a), (b), (c) or (d);
 (f) a fully paid stapled security that is in a class of stapled securities that is able to be traded on the financial market, that consists of 2 or more interests, each of which would separately be:
 (i) an ESS interest under any of paragraphs (a) to (e) of the body corporate, or of an associated entity of the body corporate; or
 (ii) an ESS interest under paragraph (3)(a) or (b) in a registered scheme, where the responsible entity of the scheme is an associated entity of the body corporate;
 (g) a unit in a stapled security mentioned in paragraph (f);
 (h) an incentive right granted in relation to, or an option to acquire, an interest mentioned in any of paragraphs (a), (b), (c), (d) or (f) (the underlying ESS interest);
 (i) any other interest in the body corporate prescribed by the regulations for the purposes of this paragraph.

Meaning of ESS interest in other bodies corporate
 (2) An ESS interest, in a body corporate to which subsection (1) does not apply, means:
 (a) a fully paid share in the body corporate; or
 (b) a unit in an interest mentioned in paragraph (a); or
 (c) an incentive right granted in relation to, or an option to acquire, an interest mentioned in paragraph (a) (the underlying ESS interest); or
 (d) any other interest in the body corporate prescribed by the regulations for the purposes of this paragraph.

Meaning of ESS interest in a registered scheme
 (3) An ESS interest, in a registered scheme that is included in the official list of a