Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p40
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 97492–100427

(1) the definition of "company" and substituting the following definition:
        " 'company' means—
             (a) a public company;
             (b) a corporation that is a public company under the corresponding law of a participating State or participating Territory;
             (c) a corporation that is a public company under the law of a declared State or declared Territory and is registered as a foreign company in the Australian Capital Territory;
             (d) in relation to a prescribed interest that relates to an undertaking, scheme, enterprise, contract or arrangement (in this paragraph referred to as the 'relevant undertaking')—a body corporate (other than a body corporate of a kind referred to in paragraph (a), (b) or (c))—
                 (i) formed or incorporated in the Australian Capital Territory or in a participating State or participating Territory; or
                 (ii) formed or incorporated in a declared State or declared Territory and registered as a foreign company in the Australian Capital Territory,
            being a body corporate that is declared by the Commission, by instrument in writing, to be a company for the purposes of this Division in relation to the relevant undertaking or in relation to a class of undertakings, schemes, enterprises, contracts or arrangements that includes the relevant undertaking; or

             (e) in relation to a prescribed interest that relates to an undertaking, scheme, enterprise, contract or arrangement (in this paragraph referred to as the 'relevant undertaking')—a body corporate (other than a body corporate of a kind referred to in paragraph (a), (b) or (c)) formed or incorporated in a participating State or participating Territory, being a body corporate that is, pursuant to a provision of a law of that State or Territory that corresponds with paragraph (d), declared by the Commission, by instrument in writing, to be a company for the purposes of the provisions of the law of that State or Territory that correspond with this Division in relation to the relevant undertaking or in relation to a class of undertakings, schemes, enterprises, contracts or arrangements that includes the relevant undertaking;"; and
     (b) by omitting from sub-section (3) "approved" and substituting "to which an approval has been granted".

Approved deeds
60. Section 165 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
"(2) In the case of a management company formed or incorporated in a participating State or participating Territory, a deed is an approved deed for the purposes of this Division if—
     (a) an approval has been granted to the deed under the provisions of the law, or of the previous law, of that State or Territory that correspond with this Division; and
     (b) an approval has been granted under the provisions of the law, or of the previous law, of that State