Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:2:p7
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 2 (pt 7/10)
Character Range: 200607–203433

off; or
 (b) converted into ordinary shares of the issuer of the note or of a parent entity of the issuer; or
 (c) converted into mutual equity interests of the issuer of the note or of a parent entity of the issuer.

Meaning of non‑viability trigger event
 (5) A non‑viability trigger event, in relation to a note, is any of the following:
 (a) APRA or a comparable foreign regulator issues a notice, in writing, to the issuer of the note stating that conversion or write‑off of capital instruments issued by the issuer is necessary because, without it, APRA or the foreign regulator considers that the issuer will become non‑viable;
 (b) APRA or a comparable foreign regulator determines, in writing given to the issuer of the note, that without an injection of capital, or equivalent support, from the public sector the issuer will become non‑viable;
 (c) APRA or a comparable foreign regulator issues a notice, in writing, to a parent entity of the issuer of the note stating that conversion or write‑off of capital instruments is necessary because, without it, APRA or the foreign regulator considers that the parent entity or the issuer will become non‑viable;
 (d) APRA or a comparable foreign regulator determines, in writing given to a parent entity of the issuer of the note, that without an injection of capital, or equivalent support, from the public sector the parent entity or the issuer will become non‑viable.
 (6) For the purposes of this section, mutual equity interests has the same meaning as in section 11CAA of the Banking Act 1959.

Part 6‑5—Dictionary definitions

Division 995—Definitions

995‑1.01  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) superannuation benefit;
(b) superannuation income stream benefit.
  In this instrument:
2013 allowances determination has the meaning given by subsection 51‑5.01(3).
accruing member:
 (a) for the purposes of Schedule 1A—has the meaning given by clause 1.1 of that Schedule; and
 (b) for the purposes of Subdivision 293‑D and Schedule 1AA—has the meaning given by subsection 293‑115.05(2).
Act means the Income Tax Assessment Act 1997.
activities of daily living has the meaning given by subsection 295‑465.01(5).
approved stock exchange: see section 995‑1.02.
assessable contribution means an amount included in the assessable income of an entity by Subdivision 295‑C of the Act, disregarding item 5.3 of the table in section 50‑25 of the Act (income tax exemption for constitutionally protected funds) and Subdivision 295‑D of the Act (about excluded contributions).
benefit category:
 (a) for the purposes of Subdivision 291‑C and Schedule 1A—has the meaning given by clause 1.2 of that Schedule; and
 (b) for the purposes of Schedule 1AA—has the meaning given by clause 2 of that