Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p157
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 157/212)
Character Range: 412546–415338

the body is included in an official list of the Exchange—a marketable parcel of shares in the body within the meaning of the Exchange's rules; or

     (b) in any other case—the smallest number of shares in the body that constitute a marketable parcel of such shares within the meaning of the rules of a securities exchange (other than the Exchange) in an official list of which the body is included;

'modifications' includes additions, omissions and substitutions;

'national newspaper' means a daily newspaper that circulates generally in each State, the Capital Territory and the Northern Territory;

'non-cash consideration' means consideration other than money;

'notifiable exchange', in relation to a listed body, means:

     (a) if the body is included in an official list of the Exchange—the securities exchange designated to the company, for the purposes of the rules of the Exchange relating to the conduct of bodies so included, as the body's Home Exchange; and

     (b) in any case—each securities exchange (other than the Exchange) in an official list of which the body is included;

'odd lot', in relation to shares in a listed body, means shares in the listed body that are fewer in number than one marketable parcel of such shares;

'odd-lot purchase' means a buy-back by a listed body of an odd lot of shares in the body;

'offer period', in relation to an offer made under a buy-back scheme, means the period during which the offer remains open or, if the offer has been accepted, would have remained open had it not been accepted;

'ordinary resolution' means a resolution other than a special resolution;

'partly-paid share' means a share on which an amount (including an amount of premium) remains unpaid;

'provide', in relation to consideration, includes pay;

'purchase' includes an agreement to buy;

'relevant date', in relation to a winding up of a company, means:

     (a) in the case of a company ordered to be wound up by a court that has not previously commenced to be wound up voluntarily—the date of the winding up order; or

SCHEDULE 5—continued

   (b) otherwise—the date of the commencement of the winding up;

'resolution' includes a special resolution;

'rights offer or invitation', in relation to a body corporate, means a share offer made, or a share invitation issued, by the body to members of the body and to no other person;

'rule', in relation to a securities exchange, means a provision of:

   (a) the constituent documents of the securities exchange; or

   (b) any other rules, regulations or by-laws:

       (i) made by the securities exchange; or

      (ii) made by another person and adopted by the securities exchange;

'securities exchange' means the Exchange or a body corporate (wherever incorporated) that is declared by the