Document ID: chunk:federal_register_of_legislation:C2004A00898:clause:1_4:p11
Version: federal_register_of_legislation:C2004A00898
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 11/12)
Character Range: 81167–83799

a set of rights and obligations issued to investors with the expectation that it can be assigned to other investors;
 (f) any other relevant circumstances.

 (4) The regulations:
 (a) may provide that, in the circumstances specified in the regulations, what would otherwise be a single *scheme is to be treated for the purposes of this Division as 2 or more separate schemes; and
 (b) may provide that the schemes are to be taken for the purposes of this Division to not be *related schemes.

974‑155  Related schemes

 (1) Subject to subsection (3), 2 *schemes are related to one another if they are related to one another in any way.

 (2) Without limiting subsection (1), 2 *schemes are related to each other if:
 (a) the schemes are based on stapled instruments; or
 (b) one of the schemes would, from a commercial point of view, be unlikely to be entered into unless the other scheme was entered into; or
 (c) one of the schemes depends for its effect on the operation of the other scheme; or
 (d) one scheme complements or supplements the other; or
 (e) there is another scheme to which both the schemes are related because of a previous application or applications of this subsection.

 (3) Two *schemes are not related to one another merely because:
 (a) one refers to the other; or
 (b) they have a common party.

 (4) The regulations may specify circumstances in which 2 *schemes:
 (a) are taken to be related to one another; or
 (b) are taken not to be related to one another.

974‑160  Financial benefit

 (1) In this Act:

financial benefit:
 (a) means anything of economic value; and
 (b) includes property and services; and
 (c) includes anything that regulations made for the purposes of subsection (3) provide is a financial benefit;
even if the transaction that confers the benefit on an entity also imposes an obligation on the entity.

 (2) In applying subsection (1), benefits and obligations are to be looked at separately and not set off against each other.

 (3) The regulations may provide that a thing specified in the regulations is a financial benefit for the purposes of this Act.

974‑165  Convertible and converting interests

  An interest (the first interest) is an interest that will or may convert into another interest (the second interest) if:
 (a) the first interest, or a part of the first interest, must be or may be converted into the second interest; or
 (b) the first interest, or a part of the first interest, must be or may be redeemed, repaid or satisfied by:
 (i) the issue or transfer of the second interest (whether to the holder of the first interest or to some other person); or