Document ID: chunk:federal_register_of_legislation:C2025C00014:section:6ba:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 6BA (pt 2/2)
Character Range: 62170–63469

be issued shares and the shareholder chooses to be issued with shares:
 (a) the dividend is taken to be credited to the shareholder; and
 (b) the dividend is taken to have been paid out of profits; and
 (c) subsections (2) and (3) apply in working out the consideration for the acquisition of the shares for the purposes of this Act.
However, the share capital account of the company does not become a tainted share capital account as a result of the crediting of the dividend to the share capital account.
 (6) Subsection (5) does not apply if:
 (a) a shareholder in a listed public company has a choice whether to be paid a dividend (other than a minimally franked dividend within the meaning of subsection 45(3)) or to be issued shares and the shareholder chooses to be issued with shares; and
 (b) the company does not credit the share capital account in connection with the issue of those shares.
Note: If subsection (5) does not apply because of this subsection, subsection (3) will apply.
 (7) This section (other than subsection (6)):
 (a) applies to a non‑share equity interest in the same way as it applies to a share; and
 (b) applies to an equity holder in the same way as it applies to a shareholder; and
 (c) applies to a non‑share dividend in the same way as it applies to a dividend.