Document ID: chunk:federal_register_of_legislation:C2025C00014:section:82l:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 82L (pt 2/4)
Character Range: 566537–569003

by a company that evidences, acknowledges, creates or relates to a loan to the company.
prescribed stock exchange means an approved stock exchange (within the meaning of the Income Tax Assessment Act 1997) operating in Australia.
qualified person, in relation to the valuing of a share in the capital of a company, means a person registered as a company auditor under a law in force in a State or a Territory, but does not include:
 (a) a director, secretary or employee of the company;
 (b) a partner, employer or employee of a person referred to in paragraph (a); or
 (c) a partner or employee of an employee of a person so referred to.
the date of offer, in relation to a loan to a company means the earliest date on which, by any relevant prospectus, notice, circular, advertisement or other written invitation, any person was or persons were invited to subscribe to the loan:
 (a) in the case of a new loan—by the payment of money to the company; or
 (b) in the case of an approved replacement loan—by converting, in whole or in part, an earlier loan, or by converting, in whole or in part, an earlier loan and the payment of money to the company.
the maturity date, in relation to a loan to which a convertible note applies, means the date by which the whole of the loan is, under the terms applicable to the note, to be repaid, redeemed or satisfied.
the relevant valuation period, in relation to a share, means:
 (a) where neither paragraph (b) nor (c) applies in relation to the share—the period of one month ending on the date that is the valuation date in relation to the share;
 (b) where:
 (i) the share is included in a class of shares that, during the whole of the period of 2 months ending on the valuation date, was listed for quotation in the official list of a stock exchange that was a prescribed stock exchange during the whole of that period of 2 months, or in the official lists of 2 or more stock exchanges each of which was a prescribed stock exchange during the whole of that period of 2 months; and
 (ii) fully paid shares included in that class of shares were not recorded by that stock exchange or by any of those stock exchanges, as the case may be, as having been sold during the period of one month specified in paragraph (a) but were recorded by that stock exchange or by one or more of those stock exchanges, as the case may be, as having been sold during the period of one month immediately preceding the commencement of the period