Document ID: chunk:federal_register_of_legislation:C2004A00898:clause:1_34:p14
Version: federal_register_of_legislation:C2004A00898
Segment Type: clause
Provision Reference: sch 1 cl 34 (pt 14/14)
Character Range: 54391–55682

if the Commissioner determines that it would be unreasonable to apply that subsection to those schemes.

 (5) Without limiting subsection 974‑10(5), the Commissioner must, in exercising the power to make a determination under subsection (4), have regard to the following:
 (a) the purpose of the *schemes (considered both individually and in combination);
 (b) the effects of the schemes (considered both individually and in combination);
 (c) the rights and obligations of the parties to the schemes (considered both individually and in combination);
 (d) whether the schemes (when considered either individually or in combination) provide the basis for, or underpin, an interest issued to investors with the expectation that the interest can be assigned to other investors;
 (e) whether the schemes (when considered either individually or in combination) comprise a set of rights and obligations issued to investors with the expectation that it can be assigned to other investors;
 (f) any other relevant circumstances.

974‑75  The test for an equity interest

Basic test for equity interest

 (1) A *scheme satisfies the equity test in this subsection in relation to a company if it gives rise to an interest set out in the following table:

Equity interests
Item              Interest