Document ID: chunk:federal_register_of_legislation:C2024C00549:section:2:p2
Version: federal_register_of_legislation:C2024C00549
Segment Type: section
Provision Reference: s 2 (pt 2/3)
Character Range: 114152–116777

foreign citizen not ordinarily resident in Australia or a foreign company holds a substantial interest; or
 (e) the trustee of a trust estate in which 2 or more persons, each of whom is either a foreign citizen not ordinarily resident in Australia or a foreign company, hold an aggregate substantial interest.
group includes:
 (a) one person alone; or
 (b) a number of persons, even if they are not in any way associated with each other or acting together.
increase, in relation to a stake in a company, includes an increase from a starting point of nil.
interest in a share has the meaning given by clause 8.
lending money includes providing non‑equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money.
loan security means a security held solely for the purposes of a moneylending agreement.
moneylending agreement means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business.
officer, in relation to a company, includes:
 (a) a director, secretary or employee of the company; or
 (b) a receiver and manager of any part of the undertaking of the company appointed under a power contained in any instrument; or
 (c) a liquidator of the company appointed in a voluntary winding‑up.
ordinarily resident in Australia has the meaning given by clause 3.
ownership provisions means Part 2A and this Schedule.
parent: without limiting who is a parent of a person for the purposes of Part 2A and this Schedule, someone is the parent of a person if the person is his or her child because of the definition of child in this clause.
power to appoint a director of a company has a meaning affected by clause 6.
relative, in relation to a person, means:
 (a) the person's spouse; or
 (b) a de facto partner of the person within the meaning of the Acts Interpretation Act 1901; or
 (c) a parent or remoter lineal ancestor of the person; or
 (d) a child or remoter issue of the person; or
 (e) a brother or sister of the person.
Note: See also subclause (2).
scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
share, in relation to a company, means a share in the share capital of the company, and includes:
 (a) stock into which any or all of the share capital of the