Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p34
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 84972–87655

if the company has been admitted to the official list of a stock exchange in Australia and has not been removed from that official list—the home stock exchange of the company; and
     (b) if the company has been admitted to the official list of a securities exchange (not being a stock exchange) in Australia and has not been removed from that official list—each such securities exchange to whose official list the company has been admitted and from whose official list the company has not been removed.
"(2) In sub-section (1), 'home stock exchange', in relation to a company, means the stock exchange designated to the company as its Home Exchange by the Australian Associated Stock Exchanges.".

Powers of Court with respect to defaulting substantial shareholder
58. Section 146 of the Principal Act is amended—
     (a) by inserting after paragraph (1) (g) the following paragraphs:
         "(ga) an order cancelling a contract, arrangement or offer relating to specified shares in the company to which the substantial shareholder is or has been entitled;
         (gb) an order declaring a contract, arrangement or offer relating to specified shares in the company to which the substantial shareholder is or has been entitled to be voidable;"; and
     (b) by omitting sub-section (4) and substituting the following sub-section:
    "(4) Without limiting the nature of the orders that may be made by the Court under sub-section (1) directing the disposal of, or of an

    interest in, a share in a company, such an order may include one or more of the following provisions:
         (a) a provision that the disposal shall be made within such time and subject to such conditions (if any) as the Court thinks fit, including, if the Court thinks fit, a condition that the disposal shall not be made to a person who is, or, as a result of the disposal, would become, a substantial shareholder in the company;
         (b) a provision that a person specified in the order is liable to pay to the company an amount equal to the amount of any profit made by the person as a result of, or in connection with, the disposal of the shares;
         (c) a provision that a person specified in the order shall, for all purposes connected with the disposal of the shares, be deemed to hold the shares as a trustee for the beneficial owner of the shares.".

Approval of deeds
59. Section 166 of the Principal Act is amended by adding at the end the following sub-sections:
"(4) Where an instrument or instruments amending a deed has or have been made, the management company shall, on being required by the Commission to do so, lodge with the Commission a printed copy (in this sub-section