Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p50
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 124915–127652

In proceedings under this section, a person shall, unless the contrary is established, be presumed to have been aware at a particular time of a circumstance of which an employee or agent of the person, being an employee or agent having duties or acting in relation to the transfer to, or ownership by, the person of a share or shares in the company concerned, was aware at that time.
"(8) In this section, unless the contrary intention appears—
     'any' includes all;
     'company' means a company as defined in sub-section 5 (1), but does not include a body corporate that is a company for the purposes of Division 4 of Part IV.
"(9) For the purposes of this section and of section 256—
     (a) where, at a particular time, a person—
         (i) holds shares in a capacity other than that of sole beneficial owner; or
         (ii) without limiting the generality of sub-paragraph (i), holds shares as trustee for, as nominee for, or otherwise on behalf of or on account of, another person,
    the first-mentioned person shall be taken to hold the shares non-beneficially at that time; and
     (b) a person who holds shares at a particular time shall be taken to hold the shares beneficially at that time unless the person holds the shares non-beneficially at that time.
Penalty: $1,000 or imprisonment for 3 months, or both.".

Register and index of members
73. Section 256 of the Principal Act is amended—
     (a) by omitting paragraph (1) (a) and substituting the following paragraphs:
         "(a) the names and addresses of the members;
         (aa) in the case of a non-listed company having a share capital—in relation to each member—
             (i) if the member holds shares in the company beneficially—a statement of the shares that the member so holds; and
             (ii) if the member holds shares in the company non-beneficially—a statement of the shares that the member so holds and, in relation to that statement, a notation to the effect that the member holds the shares non-beneficially within the meaning of this section;
         (ab) in the case of a listed company having a share capital—a statement of the shares held by each member;";
     (b) by omitting sub-section (2) and substituting the following sub-sections:
    "(1a) A statement in the register of members of a company, being a statement of shares held by a member, shall—
         (a) distinguish each share by its number (if any) or by the number (if any) of the certificate evidencing the member's holding; and
         (b) set out the amount paid, or agreed to be considered as paid, on the shares.
    "(2) Notwithstanding sub-sections (1) and (1a), where a company has converted any of its shares into stock and given notice of the