Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1072h:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1072H (pt 3/3)
Character Range: 4749360–4750590

of the person.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).
 (7) In proceedings under, or for an offence based on a provision of, this section, a person is, unless the contrary is established, presumed to have been aware at a particular time of a circumstance of which an employee or agent of the person, being an employee or agent having duties or acting in relation to the transfer to, or ownership by, the person of a share or shares in the company concerned, was aware at that time.
 (8) For the purposes of this section and of section 169:
 (a) if, at a particular time, a person:
 (i) holds shares in a capacity other than that of sole beneficial owner; or
 (ii) without limiting the generality of subparagraph (i), holds shares as trustee for, as nominee for, or otherwise on behalf of or on account of, another person;
  the first‑mentioned person is taken to hold the shares non‑beneficially at that time; and
 (b) a person who holds shares at a particular time is taken to hold the shares beneficially at that time unless the person holds the shares non‑beneficially at that time.

Division 3—Transfer of certain securities effected otherwise than through a prescribed CS facility