Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p10
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 24750–27420

of this section to be deemed to have, power—
         (a) to exercise, or to control the exercise of, the right to vote attached to a voting share; or
         (b) to dispose of, or to exercise control over the disposal of, a share,
    and—
         (c) the body corporate is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person in relation to the exercise of the power; or
         (d) a person has a controlling interest in the body corporate,
    that person shall, for the purpose of this section, be deemed to have the same power in relation to that share as the body corporate has or is to be deemed to have.
    "(5) Where a body corporate has, or is by virtue of this section (other than this sub-section) to be deemed to have, power—
         (a) to exercise, or to control the exercise of, the right to vote attached to a voting share; or
         (b) to dispose of, or to exercise control over the disposal of, a share,
    a person (in this sub-section referred to as the 'relevant person') shall, for the purposes of this section, be deemed to have the same power in relation to that share as the body corporate has, or is to be deemed to have, if—
         (c) the relevant person has;
         (d) a person associated with the relevant person has;
         (e) persons associated with the relevant person together have; or
         (f) the relevant person and a person or persons associated with the relevant person together have,
    the power to exercise, or to control the exercise of, the voting power attached to not less than the prescribed percentage of the voting shares in the body corporate.";

     (b) by omitting from sub-section (7) "deemed by sub-section (6)" and substituting "to be deemed, by virtue of sub-section (6),"; and
     (c) by omitting from sub-paragraph (8) (c) (i) "is deemed, by sub-section (6)," and substituting "is to be deemed, by virtue of sub-section (6),".
(2) Section 9 of the Principal Act is amended by inserting after sub-section (9) the following sub-section:
"(9a) A corporation may, by virtue of this section, be taken or deemed, for the purposes of this Act, to have a relevant interest in a share in the corporation itself.".

Acquisition of shares permitted in certain circumstances
9. Section 13 of the Principal Act is amended by omitting sub-paragraph (4) (b) (i).

Acquisition of not more than 3% of voting shares permitted in each 6 months
10. Section 15 of the Principal Act is amended by inserting in sub-section (1) ", other than voting shares acquired by the person concerned pursuant to