Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p150
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 150/212)
Character Range: 395137–397977

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, or exercising, the voting power attached to not less than the prescribed percentage of the voting shares in such a body;

     (e) otherwise obtaining, securing, or retaining, a relevant interest in a share in itself.

"(2) Division 5 of Part 1.2 has effect for the purposes of this section as if without limiting the generality of anything in that Division, a reference in subsection 36 (1) to power included a reference to power sought to be obtained.

"(3) Without limiting the matters to which regard may be had in determining what constitutes:

   (a) a self-acquisition scheme relating to a company; or

   (b) a connected transaction in relation to such a scheme;

regard may be had to the giving, or proposed giving, by the company of financial assistance as mentioned in paragraph 205 (1) (a), even if subsection 205 (10) permits the giving by the company of the financial assistance.

  "(4) A transaction permitted by section 206ca or 206cb:

     (a) is not to be taken to be a connected transaction in relation to; and

   (b) is to be disregarded in determining what constitutes;

a self-acquisition scheme relating to the company.

SCHEDULE 5—continued

Relevant matters affecting self-acquisition scheme

"206aac. (1) For the purposes of this Division, each of the following is a relevant matter affecting a self-acquisition scheme relating to a company:

  (a) to how many shares in the company the scheme relates;

     (b) the likely effect of the scheme or a connected transaction on the company's state of affairs;

     (c) what consideration the company has provided, or is to provide, in connection with the scheme or a connected transaction;

     (d) how much information about the scheme or a connected transaction the company has given to its members or creditors, or to securities exchanges;

     (e) what opportunity the company's members or creditors have had to consider the likely effects of the scheme or of a connected transaction;

     (f) whether or not the company's members or creditors have been consulted about, or have participated in making, the decision for the company to become a party to the scheme;

     (g) whether or not the company's members have had reasonable and equal opportunities to participate, or to become entitled to participate, in benefits accruing, whether directly or indirectly and whether immediately or in the future, in connection with the scheme or a connected transaction, to a party to the scheme or a connected transaction or to a person associated with such a party;

  (h) the