Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p151
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 151/212)
Character Range: 397747–400500

directly or indirectly and whether immediately or in the future, in connection with the scheme or a connected transaction, to a party to the scheme or a connected transaction or to a person associated with such a party;

  (h) the effect of the scheme or a connected transaction on:

         (i) a takeover bid in relation to shares in the company that a person has made or proposes to make; or

       (ii) the likelihood of a person making such a takeover bid;

     (j) any other matter that appears to the Commission to be relevant in all the circumstances of the case.

"(2) Nothing in subsection (1) limits the generality of anything else in it.

Declaration by Commission

"206aad. (1) This section applies where the Commission is satisfied that:

     (a) a transaction that has been, or is proposed to be, entered into is a connected transaction in relation to a self-acquisition scheme relating to a company; and

  (b) one or more of the following subparagraphs applies:

       (i) both of the following are the case:

             (a) as a result of the entering into or carrying out of

SCHEDULE 5—continued

             the scheme or of a connected transaction, the company acquired a relevant interest in voting shares in itself;

             (b) immediately after the acquisition, the company had a relevant interest or relevant interests in more than 10% of the voting shares in itself;

      (ii) it is reasonable to expect that:

             (a) as a result of the entering into or carrying out of the scheme or of a connected transaction, the company will acquire a relevant interest in voting shares in itself; and

             (b) immediately after the acquisition, the company will have a relevant interest or relevant interests in more than 10% of the voting shares in itself;

         (iii) the scheme or a connected transaction was entered into or carried out at a time when the company had, or it is reasonable to expect that the scheme or a connected transaction will be entered into or carried out at a time when the company has, a relevant interest or relevant interests in more than 10% of the voting shares in itself; and

     (c) having regard to the relevant matters affecting the scheme, the entering into or carrying out of the scheme or a connected transaction has prejudiced materially, or is likely to prejudice materially, the rights or interests of the company, of its creditors or members, or of a class of its creditors or members.

  "(2) The Commission:

     (a) if the transaction referred to in paragraph (1) (a) has been entered into—may, within 90 days after the day on which it was entered into, declare the transaction; or

     (b) otherwise—may declare the proposed transaction referred to