Document ID: chunk:federal_register_of_legislation:C2025C00189:section:4a:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 4A (pt 2/2)
Character Range: 67600–69723

as held or exercisable by that other body corporate;
 (c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first‑mentioned body corporate, or of a trust deed for securing any allotment of such debentures, shall be disregarded; and
 (d) any shares held or power exercisable by, or by a nominee for, that other body corporate or its subsidiary (not being held or exercisable as mentioned in paragraph (c)) shall be treated as not held or exercisable by that other body corporate if the ordinary business of that other body corporate or its subsidiary, as the case may be, includes the lending of money and the shares are held or the power is exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business.
 (4) A reference in this Act to the holding company of a body corporate shall be read as a reference to a body corporate of which that other body corporate is a subsidiary.
 (5) Where a body corporate:
 (a) is the holding company of another body corporate;
 (b) is a subsidiary of another body corporate; or
 (c) is a subsidiary of the holding company of another body corporate;
that first‑mentioned body corporate and that other body corporate shall, for the purposes of this Act, be deemed to be related to each other.
 (5A) For the purposes of Parts IV, VI and VII:
 (a) a body corporate that is a party to a dual listed company arrangement is taken to be related to the other body corporate that is a party to the arrangement; and
 (b) a body corporate that is related to one of the parties to the arrangement is taken to be related to the other party to the arrangement; and
 (c) a body corporate that is related to one of the parties to the arrangement is taken to be related to each body corporate that is related to the other party to the arrangement.
 (6) In proceedings under this Act, whether in the Court or before the Tribunal or the Commission, it shall be presumed, unless the contrary is established, that bodies corporate are not, or were not at a particular time, related to each other.