Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p13
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 13/21)
Character Range: 1639686–1642312

and
 (d) if the interest is a beneficial interest in a right to acquire a beneficial interest in a share—subsection (3) or (6) applies to the interest.
Note: Subsections 83A‑45(1), (2), (3) and (6) contain conditions relating to the following:
(a) your employment;
(b) the types of shares available under the employee share scheme;
(c) share trading and investment companies;
(d) your shareholding and voting power in the company.

Broad availability of schemes
 (2) This subsection applies to an *ESS interest you acquire under an *employee share scheme if, when you acquire the interest, at least 75% of the permanent employees of your employer who have completed at least 3 years of service (whether continuous or non‑continuous) with your employer and who are Australian residents are, or at some earlier time had been, entitled to acquire:
 (a) ESS interests under the scheme; or
 (b) ESS interests in:
 (i) your employer; or
 (ii) a holding company (within the meaning of the Corporations Act 2001) of your employer;
  under another employee share scheme.

Real risk of losing interest or share under the conditions of the scheme
 (3) This subsection applies to an *ESS interest you acquire under an *employee share scheme if, when you acquire the interest:
 (a) if the ESS interest is a beneficial interest in a *share—there is a real risk that, under the conditions of the scheme, you will forfeit or lose the ESS interest (other than by disposing of it); or
 (b) if the ESS interest is a beneficial interest in a right to acquire a beneficial interest in a share:
 (i) there is a real risk that, under the conditions of the scheme, you will forfeit or lose the ESS interest (other than by disposing of it, exercising the right or letting the right lapse); or
 (ii) there is a real risk that, under the conditions of the scheme, if you exercise the right, you will forfeit or lose the beneficial interest in the share (other than by disposing of it).

Salary sacrifice arrangement
 (4) This subsection applies to an *ESS interest you acquire under an *employee share scheme during an income year at a discount if:
 (a) the interest is provided:
 (i) because you agreed to acquire the interest in return for a reduction in your salary or wages that would not have happened apart from the agreement; or
 (ii) as part of your remuneration package, in circumstances where it is reasonable to conclude that your salary or wages would be greater if the interest was not made part of that package; and
 (b) at the time you acquire the interest:
 (i) the discount equals the *market value of the ESS interest; and
 (ii) all of