Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p52
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 129864–132698

taken, for the purposes of sub-section (2b) of this section, to be prescribed information in relation to the company."; and
     (c) by adding at the end the following sub-section:
    "(8) In this section—
         'listed company' means a company that is a company for the purposes of Division 4 of Part IV;
         'non-listed company' means a company other than a listed company.".

Trustee, &c., may be registered as owner of shares
74. Section 260 of the Principal Act is amended—
     (a) by omitting from sub-section (8) "and section 261" and substituting "and section 256";
     (b) by omitting from sub-section (8) "or section 261" and substituting "of this section or pursuant to section 256 "; and
     (c) by inserting after sub-section (8) the following sub-section:

    "(8a) Notwithstanding the amendments of sub-section (8) of this section that were made by section 74 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985, that sub-section as in force immediately before the commencement of that section continues to apply in relation to anything done, before that commencement, pursuant to section 261.".

Power of company to obtain information as to beneficial ownership of its shares
75. (1) Section 261 of the Principal Act is amended—
     (a) by omitting from sub-section (1) the definition of "company" and substituting the following definition:
         " 'company' means a company as defined in sub-section 5 (1) and includes a body (whether incorporated or not) that is a company for the purposes of Division 4 of Part IV;"; and
     (b) by inserting after sub-section (12) the following sub-sections:
    "(12a) A company is not, by reason of anything done under this section or section 261a—
         (a) to be taken for any purpose to have notice of; or
         (b) put upon inquiry as to,
    the right of a person to or in relation to a share in the company.
    "(12b) Sub-section (12a) shall be deemed to have come into operation on 1 January 1984.".
(2) Section 261 of the Principal Act is amended by inserting after sub-section (17) the following sub-section:
"(17a) In determining, for the purposes of sub-section (17), whether or not a failure by a person to comply with sub-section (7) or (8) was due to the inadvertence or mistake of the person, the person's ignorance of, or a mistake on the person's part concerning, a matter of law shall be disregarded.".

Powers of Court
76. Section 26la of the Principal Act is amended—
     (a) by inserting after paragraph (2) (g) the following paragraphs:
         "(ga) an order cancelling a contract, arrangement or offer relating to the shares;
         (gb) an order declaring a contract, arrangement or offer relating to the shares to be voidable;";
     (b) by omitting sub-section (6) and substituting the following