Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:3_5
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 287093–289799

5                                              paragraph 40(2)(e) (altering constituent documents of entity) applies to the action.                                (a) the document mentioned in paragraph 40(2)(e) ceases to be in force; or
                                                                                                                                                                   (b) the document ceases to produce the result mentioned in that paragraph; or
                                                                                                                                                                   (c) the entity mentioned in that paragraph no longer meets the condition in subsection 40(4); or
                                                                                                                                                                   (d) the entity ceases to exist.

 (3) Disregard any interest that is an equitable interest for the purposes of working out whether a registered circumstance exists, or has ceased, under item 1 or 2 of the table in subsection (2).
Note: The requirement to give a register notice under subsection (1) applies whether or not an interest is an equitable interest. However, a notice of an action that relates only to an equitable interest does not cause a registered circumstance to exist under item 1 or 2 of the table.

Registrable event day
 (4) The registrable event day for a register notice under this section is the earliest of the days in any of the following paragraphs that apply in relation to the notice:
 (a) if paragraph (1)(a) applies—the day on which the foreign person takes the action;
 (b) if paragraph (1)(b) applies, and the condition in subsection 40(6) (change in control) was required to be met in order for the action to be a significant action—the later of:
 (i) the day on which the foreign person takes the action; and
 (ii) the day on which the foreign person first becomes aware, or ought reasonably to become aware, that the condition in subsection 40(6) is met in relation to the action;
 (c) if paragraph (1)(b) applies, and the condition in subsection 40(6) (change in control) was not required to be met in order for the action to be a significant action—the day on which the foreign person takes the action;
 (d) if paragraph (1)(c) applies—the day on which the no objection notification or notice imposing conditions is given.

Application—Register commencement day
 (5) This section applies to actions taken on or after the Register commencement day (regardless of when any notification or notice, other than the register notice, mentioned in subsection (1) is given).