Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p8
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 18206–20928

is a disclosing entity for the purposes of this Law.

"(2) If any prescribed interests or units of prescribed interests are ED securities, the undertaking to which the interests relate is a disclosing entity for the purposes of this Law.

SCHEDULE 1—continued

ED securities

"111AD.(1) Securities of a body are ED securities (short for 'enhanced disclosure securities') for the purposes of this Law if, and only if:

    (a) they are ED securities under section 111AE, 111AF, 111AG or 111AI; and

  (b) they are not declared under section 111AJ not to be ED securities.

"(2) For the purposes of sections 111AE, 111AF, 111AG and 111AI, a class of shares, debentures or prescribed interests is taken to include units of shares, debentures or prescribed interests in that class.

Securities quoted on a stock market

"111AE.(1) Securities in a class of securities of a body are ED securities if securities in that class are quoted on a stock market of a securities exchange.

  "(2) Subsection (1) does not apply to securities of a body if:

    (a) the body is a public authority of the Commonwealth or an instrumentality or agency of the Crown in right of the Commonwealth; and

    (b) the only securities of the body that are quoted as mentioned in subsection (1) are debentures; and

    (c) both the repayment of principal, and the payment of interest, in respect of those debentures is guaranteed by the Commonwealth.

  "(3) Subsection (1) does not apply to securities of a body that is:

  (a) a public authority of a State or Territory; or

    (b) an instrumentality or agency of the Crown in right of a State or Territory.

Securities to which lodged or deemed prospectus relates

"111AF.(1) Securities (except debentures) in a class of securities of a body are ED securities if:

  (a) either:

        (i) a prospectus in relation to securities in that class has been lodged under Part 7.12 or a corresponding previous law; or

        (ii) a document relating to securities in that class has been taken to be a prospectus because of section 1030 or a corresponding previous law; and

     (b) securities in that class have been issued pursuant to the prospectus; and

     (c) after an issue of securities in that class pursuant to the prospectus, 100 or more persons held securities in that class; and

SCHEDULE 1—continued

     (d) securities in that class have been held by 100 or more persons at all times since the issue of securities referred to in paragraph (c).

  "(2) In this section:

'corresponding previous law' does not include a law, or part of a law, in force before 1 July 1982 (which is when the Companies Act 1981 commenced).

Securities issued as consideration for an acquisition under