Document ID: chunk:federal_register_of_legislation:F2021L01333:body:0:p5
Version: federal_register_of_legislation:F2021L01333
Segment Type: other
Provision Reference: 
Character Range: 11139–14084

6 or Part 6C.2 of the Act.

8 Securities lending—substantial holding information
    Chapter 6C of the Act applies to all persons as if section 671B were modified or varied as follows:
       (1) after subsection (3) insert:
       "Information that need not be given
           (3A) Where a relevant interest in voting shares in the company or interests in the scheme arises, changes or ceases because of either:
(a) a securities lending arrangement; or
(b) the terms of an authorisation given under an authorisation agreement by a lender to a person to act on behalf of the lender in relation to a securities lending arrangement between the lender and a borrower;
           information about the consideration paid in relation to the relevant interest does not need to be given.";
       (2) after subsection (4) insert:
       "Information that need not be accompanied by certain securities lending arrangements
           (4A) Where a securities lending arrangement contributed to the situation giving rise to the person needing to provide the information, the information need not be accompanied by a copy of any master securities lending agreement, provided the information is accompanied by:
              (a) a statement by the person giving full and accurate details of the following matters in relation to the securities lending arrangement:
                  (i) the type of agreement;
                  (ii) the parties to the agreement;
                  (iii) the circumstances in which the parties can exercise the voting rights attached to the securities;
                  (iv) the date the securities were or are expected to be delivered by the lender to the borrower or the entity nominated by the borrower;
                  (v) the scheduled date (if any) the securities (or equivalent securities) are expected to be delivered by the borrower to the lender or to an entity nominated by the lender;
                  (vi) whether the borrower has a right to deliver the securities (or equivalent securities) to the lender or to an entity nominated by the lender earlier than the scheduled date (if any) and, if so, the circumstances in which this right can be exercised;
                  (vii) whether the lender has a right to require the borrower to deliver the securities (or equivalent securities) to the lender or to an entity nominated by the lender earlier than the scheduled date (if any) and, if so, the circumstances in which this right can be exercised;
                  (viii) the circumstances (if any) under which the borrower is not required to deliver the securities (or equivalent securities) to the lender or to an entity nominated by the lender on settlement; and
              (b) a statement that the person will, if requested by the company or responsible entity to whom the prescribed form must be given or ASIC, give a copy of the agreement to the company, responsible entity or ASIC.
           If