Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p7
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 7/23)
Character Range: 236439–239289

or less than the number of a specified index, being the Australian Stock Exchanges All Ordinaries Price Index or a prescribed index, as at the time when the option or right is exercised.".
(2) Section 4 of the Principal Act is amended—
     (a) by inserting before the definition of "securities" in sub-section (1) the following definition:
         " 'retirement village scheme' means a scheme, undertaking or enterprise (in this definition referred to as the 'relevant scheme'), whether in the Territory or elsewhere, that is being, or is proposed to be, carried out or undertaken with the intention that the participants, or a majority of the participants, in the relevant scheme be provided, in connection with the relevant scheme, with residential accommodation within a retirement community, whether or not the entitlement of a participant to be provided with such accommodation derives from a proprietary interest held by the participant in the premises where the accommodation is provided, but does not include a time-sharing scheme;"; and
     (b) by omitting paragraphs (f) and (g) of the definition of "securities" in sub-section (1) and substituting the following paragraphs:
         "(f) promissory notes;
         (g) certificates of deposit issued by a banking corporation;

         (h) in a case where—
             (i) there is attached to a share or debenture a right to participate in a retirement village scheme; and
             (ii) each of the other rights, and each interest (if any), attached to that share or debenture is a right or interest that is merely incidental to the right referred to in sub-paragraph (i),
        that share or debenture; or
         (j) a prescribed interest that is constituted by a right to participate in a retirement village scheme;".

Relevant interests in securities
166. (1) Section 5 of the Principal Act is amended—
     (a) by omitting sub-sections (4) and (5) and substituting the following sub-sections:
    "(4) Without limiting the generality of sub-sections (1), (2) and (3), where a body corporate has, or is by virtue of this section to be deemed to have, power—
         (a) to exercise, or to control the exercise of, a right to vote carried by securities; or
         (b) to dispose of, or to exercise control over the disposal of, securities,
    and—
         (c) the body corporate is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person in relation to the exercise of the power; or
         (d) a person has a controlling interest in the body corporate,
    that person shall, for the purposes of this section, be deemed to have the same power in relation to those securities as the body corporate has or is to be deemed to have.
    "(5) Where a body corporate