Document ID: chunk:federal_register_of_legislation:F2023C00839:body:0:p7
Version: federal_register_of_legislation:F2023C00839
Segment Type: other
Provision Reference: 
Character Range: 15341–17939

an issue of interests, a special resolution where:
(a) votes are only cast in respect of interests (the eligible interests):
(i) that are held by a member who will not acquire any of the interests that are to be issued; or
(ii) that are held by a member for the benefit of another person who will not obtain beneficial ownership of any of the interests that are to be issued; and
(b) the value of the eligible interests held by the members who vote represents at least 25% of the total value of eligible interests.
              related issue means, in relation to an issue of interests, an issue of interests in the same class at a price set by the responsible entity, which has not been approved or ratified by members in accordance with a provision in the constitution to the effect of subparagraph (2)(c)(ii) or issued in accordance with a provision of the constitution other than one to the effect of subsection (2).
              stapled security means two or more financial products including at least one interest in a registered scheme:
(a) that under the constitution must be transferred together; and
(b) where there are no financial products in the same class as those financial products which may be transferred separately.

           601GAB Discretions in constitutional provisions that set the amount of the consideration for the acquisition of interests
(1) The constitution of a registered scheme may provide a formula or method that is to be used to determine the amount of the consideration to acquire interests in the scheme that complies with subsection (2) but gives the responsible entity a discretion to do one or more of the following:
(a) decide a matter that affects the value of a factor included in the formula;
(b) decide a matter that is an aspect of the method;
(c) determine the amount of an adjustment to the amount determined by the formula for the costs in acquiring or disposing of scheme property, for assets of the scheme that are not scheme property or otherwise.
Note:  The responsible entity may appoint an agent or otherwise engage a person to do anything it is authorised to do in relation to a scheme: see subsection 601FB(2).
(2) The formula or method must:
(a) if it applies when the interests in the scheme:
(i) are not in a class of interests that is traded on a financial market; or
(ii) are in a class of interests that are AQUA products as defined in the operating rules of ASX Limited that are able to be traded on the financial market operated by ASX Limited;
be based on the value of scheme property attributable to interests in that class at