Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p149
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 149/212)
Character Range: 392655–395421

be, entered into in connection with the scheme;

whether or not the company is or will be a party to the transaction;

'eligible agreement' means:

  (a) an agreement; or

  (b) a proposed agreement; or

  (c) an agreement as varied or as proposed to be varied; or

     (d) where an agreement has been varied—the agreement as in force at any time before the variation; or

     (e) where an agreement has been discharged—the agreement as in force at any time before its discharge;

'enter into' includes engage in or become a party to;

'in connection with', in relation to a scheme or transaction, includes in the course of carrying out the scheme or transaction;

'party', in relation to a scheme or transaction, includes:

     (a) in so far as the scheme or transaction consists of an eligible agreement—a party to the eligible agreement; and

     (b) in so far as the scheme or transaction consists of a proposed or discharged agreement—a person who would be a party to the agreement if it were in effect; and

     (c) otherwise—a person who has entered into or carried out, or proposes to enter into or carry out, the whole or a part of the scheme or transaction;

'scheme' includes:

  (a) a transaction; and

     (b) any plan, proposal, action, course of action, or course of conduct, even if unilateral; and

  (c) a unilateral scheme;

'transaction' includes conduct (even if unilateral) and an eligible agreement.

"(2) A reference in this Division to a person carrying out a scheme includes a reference to the person carrying out the scheme together with any other person or persons.

SCHEDULE 5—continued

Self-acquisition scheme

"206aab. (1) A reference in this Division, in relation to a company, to a self-acquisition scheme is a reference to a scheme to which the company has become a party for the purpose, or for purposes including the purpose, of doing any of the following, even if only at a future time or in particular circumstances:

     (a) obtaining, securing, retaining, increasing the extent of, or exercising, power:

         (i) to exercise, or control the exercise of, the right to vote attached to voting shares in the company; or

         (ii) to dispose of, or to exercise control over the disposal of, shares in the company;

     (b) bringing about a situation where, or ensuring that, a body corporate that has such power is, or the directors of such a body are, accustomed or under an obligation, whether formal or informal, to act in accordance with the company's directions, instructions or wishes in relation to the exercise of the power;

     (c) obtaining, securing, retaining, or increasing the extent of, a controlling interest in such a body;

     (d) obtaining, securing, retaining, increasing the extent of,