Document ID: chunk:federal_register_of_legislation:F2023C00095:body:0:p13
Version: federal_register_of_legislation:F2023C00095
Segment Type: other
Provision Reference: 
Character Range: 31030–34748

terms on which each is traded, must be transferred together;

       trustee means a body that holds or will hold underlying eligible products on trust for the following persons in connection with an employee incentive scheme:

           (a) eligible participants generally on an unallocated basis; or

           (b) one or more specified eligible participants on an allocated basis;

       underlying eligible product means an eligible product specified in any of paragraphs (a) to (f) in column 2 of Table A;

       (b) in relation to a listed body that is a registered scheme:

           (i) the conferral of relief on the listed body is taken to be the conferral of relief on the responsible entity of the scheme;

           (ii) a requirement imposed on the listed body is taken to be a requirement imposed on the responsible entity of the scheme;

           (iii) a reference to occupying a position or role with the listed body is taken to be a reference to occupying a position or role with the responsible entity of the scheme;

           (iv) the definition of associated body corporate is to be applied as if the body were either the registered scheme or the responsible entity of the scheme;

       (c) an offer of eligible products to an eligible participant under an employee incentive scheme on terms that the eligible participant may renounce the offer in favour of a person covered by one of the following sub-subparagraphs is to be treated as an offer of eligible products to the eligible participant:

           (i) an immediate family member of the eligible participant;

           (ii) a company whose members comprise no persons other than the eligible participant or immediate family members of the participant;

           (iii) a corporate trustee of a self-managed superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993) where the eligible participant is a director of the trustee;

       (ca) an employee incentive scheme, employee share scheme, or like scheme, is covered by an instrument to the extent that offers are made, or other conduct is carried out, in reliance on the instrument;

       (d) for the avoidance of doubt, a document or other writing to be given in connection with this instrument may be given by electronic means (including, in the case of a document or other writing to be given by a person relying on this instrument, by way of making it available on a website and notifying the intended recipient that it is available on the website).

Table A

Column 1                                                                                                                                                  Column 2                                                                                                                                                                                                                                                                              Column 3
Eligible financial market                                                                                                                                 Eligible product                                                                                                                                                                                                                                                                      Eligible participant

   (a) ASX (also known as the Australian Securities Exchange);                                                                                              (a) a fully paid share of the body that is in a class of shares able to be traded on an eligible financial market;