Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_609:p2
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 609 (pt 2/2)
Character Range: 167856–169329

if the agreement:
 (a) is conditional on:
 (i) a resolution under item 7 in the table in section 611 being passed; or
 (ii) ASIC exempting the acquisition under the agreement from the provisions of this Chapter under section 655A; and
 (b) does not confer any control over, or power to substantially influence, the exercise of a voting right attached to the securities; and
 (c) does not restrict disposal of the securities for more than 3 months from the date when the agreement is entered into.
The person acquires a relevant interest in the securities when the condition referred to in paragraph (a) is satisfied.

Pre‑emptive rights

 (8) A member of a company, body or managed investment scheme does not have a relevant interest in securities of the company, body or scheme merely because the company's, body's or scheme's constitution gives members pre‑emptive rights on the transfer of the securities if all members have pre‑emptive rights on the same terms.

Director of body corporate holding securities

 (9) A person does not have a relevant interest in securities merely because:
 (a) the person is a director of a body corporate; and
 (b) the body corporate has a relevant interest in those securities.

Prescribed exclusions

 (10) A person does not have a relevant interest in securities in the circumstances specified in the regulations. The regulations may provide that interests in securities are not relevant interests subject to specified conditions.