Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_671b:p1
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 671B (pt 1/2)
Character Range: 368496–371151

671B  Information about substantial holdings must be given to company, responsible entity and relevant securities exchange

Requirement to give information

 (1) A person must give the information referred to in subsection (3) to a listed company, or the responsible entity for a listed registered managed investment scheme, if:
 (a) the person begins to have, or ceases to have, a substantial holding in the company or scheme; or
 (b) the person has a substantial holding in the company or scheme and there is a movement of at least 1% in their holding; or
 (c) the person makes a takeover bid for securities of the company or scheme.
The person must also give the information to each relevant securities exchange.

Note 1: Section 9 defines substantial holding and associate.

Note 2: The information must be given even if the situation changes by the time the information is to be given.

 (2) For the purposes of this section, there is a movement of at least 1% in a person's holding if the percentage worked out using the following formula increases or decreases by 1 or more percentage points from the percentage they last disclosed under this Part in relation to the company or scheme:
where:

person's and associates' votes is the total number of votes attached to all the voting shares in the company or interests in the scheme (if any) that the person or an associate has a relevant interest in.

total votes in company or scheme is the total number of votes attached to all voting shares in the company or interests in the scheme.

Note: Subsection (7) expands the normal concept of relevant interest to take account of exchange traded options and conditional agreements.

Information that must be given

 (3) The information to be given is:
 (a) the person's name and address; and
 (b) details of their relevant interest in:
 (i) voting shares in the company; or
 (ii) interests in the scheme; and
 (c) details of any relevant agreement through which they would have a relevant interest in:
 (i) voting shares in the company; or
 (ii) interests in the scheme; and
 (d) the name of each associate who has a relevant interest in voting shares in the company or interests in the scheme, together with details of:
 (i) the nature of their association with the associate; and
 (ii) the relevant interest of the associate; and
 (iii) any relevant agreement through which the associate has the relevant interest; and
 (e) if the information is being given because of a movement in their holding—the size and date of that movement; and
 (f) if the information is being given because a person has ceased to be an associate—the name of the person; and