Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p8
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 8/23)
Character Range: 239066–241865

body corporate,
    that person shall, for the purposes of this section, be deemed to have the same power in relation to those securities as the body corporate has or is to be deemed to have.
    "(5) Where a body corporate has, or is by virtue of this section (other than this sub-section) to be deemed to have, power—
         (a) to exercise, or to control the exercise of, the right to vote carried by securities; or
         (b) to dispose of, or to exercise control over the disposal of, securities,
    a person (in this sub-section referred to as the 'relevant person') shall, for the purposes of this section, be deemed to have the same power in relation to those securities as the body corporate has, or is to be deemed to have, if—
         (c) the relevant person has;
         (d) a person associated with the relevant person has;

         (e) persons associated with the relevant person together have; or
         (f) the relevant person and a person or persons associated with the relevant person together have,
     the power to exercise, or to control the exercise of, the voting power attached to not less than the prescribed percentage of the voting shares in the body corporate.";
     (b) by omitting from sub-section (7) "deemed by sub-section (6)" and substituting "to be deemed, by virtue of sub-section (6),"; and
     (c) by omitting from sub-paragraph (8) (c) (i) "is deemed, by sub-section (6)," and substituting "is to be deemed, by virtue of sub-section (6),".
(2) Section 5 of the Principal Act is amended by inserting after sub-section (9) the following sub-section:
"(9a) A person may, by virtue of this section, be taken or deemed, for the purposes of this Act, to have a relevant interest in securities issued or made available by the person.".

Associated persons
167. Section 6 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (b) "body corporate, a person" and substituting "body corporate (including, in a case where the other person is a body corporate, the other person)—a person (including the body corporate)"; and
     (b) by omitting sub-paragraphs (1) (b) (i), (ii) and (iii) and substituting the following sub-paragraphs:
         "(i) by reason of which the first-mentioned person, or the other person, may exercise, may directly or indirectly control the exercise of, or may substantially influence the exercise of, any voting power attached to a share in the body corporate;
         (ii) with a view to controlling or influencing the composition of the board of directors, or the conduct of affairs, of the body corporate;
         (iii) under which the first-mentioned person may acquire from the other person, or the other person may acquire from the first-mentioned person, shares in the body corporate; or
         (iv)