Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:6_8
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 6 cl 8
Character Range: 116389–117794

8  After subsection 88(8A)
Insert:

 (8B) Subject to this Part, the Commission may, upon application by or on behalf of a corporation, grant it an authorisation:
 (a) to make a dual listed company arrangement; or
 (b) to give effect to a provision of a dual listed company arrangement;
and, while such an authorisation remains in force:
 (c) for an authorisation to make a dual listed company arrangement—section 49 does not prevent the corporation from:
 (i) making the arrangement in accordance with the authorisation; and
 (ii) giving effect, in accordance with the authorisation, to any provision of the arrangement so made; and
 (d) for an authorisation to give effect to a provision of a dual listed company arrangement—section 49 does not prevent the corporation from giving effect to the provision in accordance with the authorisation.

 (8C) An authorisation granted by the Commission to a corporation under subsection (8B) has effect as if it were also an authorisation in the same terms to the other corporation named or referred to in the application for the authorisation as a party to the arrangement or proposed arrangement.

 (8D) Subject to subsection 49(2), the Commission does not have power to grant an authorisation to a corporation to make a dual listed company arrangement if the arrangement has been made before the Commission makes a determination in respect of the application.