Document ID: chunk:federal_register_of_legislation:C2023C00427:clause:2_33:p1
Version: federal_register_of_legislation:C2023C00427
Segment Type: clause
Provision Reference: sch 2 cl 33 (pt 1/2)
Character Range: 50459–53100

33  Definitions
(1) In this Part:
acquisition includes an agreement to acquire, but does not include:
 (a) an acquisition by will or by devolution by operation of law; or
 (b) an acquisition by way of enforcement of a loan security.
agreement means any agreement, whether formal or informal and whether express or implied.
arrangement has the meaning given by item 34.
associate has the meaning given by item 35.
child: without limiting who is a child of a person for the purposes of this Part, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
company means a body corporate.
constituent document, in relation to a company, means:
 (a) the constitution of the company; or
 (b) any rules or other documents constituting the company or governing its activities.
direct control interest has the meaning given by item 42.
director includes any person occupying the position of director of a company, by whatever name called.
discretionary trust means a trust where:
 (a) a person (who may include the trustee) is empowered (either unconditionally or on the fulfilment of a condition) to exercise any power of appointment or other discretion; and
 (b) the exercise of the power or discretion, or the failure to exercise the power or discretion, has the effect of determining, to any extent, either or both of the following:
 (i) the identities of those who may benefit under the trust;
 (ii) how beneficiaries are to benefit, as between themselves, under the trust.
increase, in relation to a stake in a company, includes an increase from a starting point of nil.
interest in a share has the meaning given by item 38.
lending money includes providing non‑equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money.
loan security means a security held solely for the purposes of a moneylending agreement.
moneylending agreement means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business.
officer, in relation to a company, includes:
 (a) a director, secretary or employee of the company; or
 (b) a receiver and manager of any part of the undertaking of the company appointed under a power contained in any instrument; or
 (c) a liquidator of the company appointed in a voluntary winding‑up.
parent: without limiting who is a parent of a person for the purposes of this Part, someone is the parent of a person if the person is his or her child because of the definition of