Document ID: chunk:federal_register_of_legislation:C2004A05097:clause:1_8ar
Version: federal_register_of_legislation:C2004A05097
Segment Type: clause
Provision Reference: sch 1 cl 8AR
Character Range: 30154–32257

8AR  Giving of assistance—ancillary provisions

 (1) The assistance mentioned in subsection 8AQ(1), (2), (3) or (4) may take the form of:
 (a) the giving of information; or
 (b) the giving of financial assistance (within the meaning of section 205 of the Corporations Law); or
 (c) the giving of a financial benefit to a related party (within the meaning of Part 3.2A of the Corporations Law); or
 (d) the provision, by Telstra's directors or employees, of facilities, information and other assistance in connection with the conduct of:
 (i) a due diligence procedure or a similar process; or
 (ii) a market briefing or a similar process.

 (2) For the purposes of paragraph (1)(b), if section 205 of the Corporations Law is repealed and replaced by another provision of the Corporations Law that deals with the giving of financial assistance by companies, the reference in that paragraph to section 205 is to be read as a reference to the replacement provision.

 (3) For the purposes of paragraph (1)(c), if Part 3.2A of the Corporations Law is repealed and replaced by another provision of the Corporations Law that deals with the giving of financial benefits to related parties, the reference in that paragraph to Part 3.2A is to be read as a reference to the replacement provision.

 (4) Subsection (1) does not, by implication, limit the forms in which assistance may be given.

 (5) Section 8AQ does not, by implication, limit any rights that are conferred on shareholders by other laws.

 (6) Section 8AQ does not authorise the imposition of taxation (within the meaning of section 55 of the Constitution).

 (7) Section 8AQ does not, by implication, limit:
 (a) the executive power of the Commonwealth to enter into an agreement; or
 (b) the capacity of Telstra, or of a member of the Board, to enter into an agreement with the Commonwealth.

Note: This ensures, for example, that the Commonwealth can enter into a co-operation agreement with Telstra or with a member of the Board.

 (8) Section 8AQ extends to the giving of assistance outside Australia, whether or not in a foreign country.