Corporations Act. Australia

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СКАЧАТЬ a notice published in the Gazette.

      general law means the principles and rules of the common law and equity.

      group executives for a consolidated entity means:

      (a) the directors of the companies or bodies within the consolidated entity; and

      (b) the secretaries of the companies or bodies within the consolidated entity; and

      (c) the senior managers of any corporation within the consolidated entity; and

      (d) the partners, and senior managers, of any partnership within the consolidated entity; and

      (e) the trustees, and senior managers, of any trusts within the consolidated entity; and

      (f) the senior managers of any joint venture within the consolidated entity.

      guarantor, in relation to a debenture, means a body that has guaranteed, or has agreed to guarantee, the repayment of any money deposited or lent to the borrower under the debenture.

      guilty, in the case of a reference to a court finding a person guilty of an offence, has a meaning affected by section 73A.

      half‑year has the meaning given by subsection 323D(5).

      have, in relation to information, includes be in possession of the information.

      highest outside purchase price for a takeover bid is the highest amount paid or payable by the bidder for a security in the bid class under a purchase made outside the bid and during the bid period.

      hold, in relation to a person, in relation to a document that is, or purports to be, a copy of a licence, means have in the person’s possession.

      holding company, in relation to a body corporate, means a body corporate of which the first body corporate is a subsidiary.

      immediate family member for a person means:

      (a) the person’s spouse; or

      (b) a person who is wholly or partly dependent on the person for financial support.

      in Australia has the meaning given by section 102C.

      included, in relation to an official list, has the meaning given by section 75.

      incorporated in Australia, in relation to a body corporate, includes incorporated by or under a law of:

      (a) the Commonwealth; or

      (b) a State; or

      (c) an internal Territory.

      incorporation:

      (a) of a company — means the company’s first registration under this Act; and

      (b) of any other incorporated body — means the body’s incorporation by or under a law (other than this Act).

      individual auditor means an individual who consents to be appointed, or is appointed, as auditor of a company or registered scheme.

      industrial instrument means:

      (a) a contract of employment; or

      (b) a law, award, determination or agreement relating to terms or conditions of employment.

      information includes complaint.

      infringement notice has the meaning given by section 1317DAA.

      injury compensation means compensation payable under any law relating to workers compensation.

      insolvent has the meaning given by subsection 95A(2).

      insolvent transaction has the meaning given by section 588FC.

      insolvent under administration means a person who:

      (a) under the Bankruptcy Act 1966 or the law of an external Territory, is a bankrupt in respect of a bankruptcy from which the person has not been discharged; or

      (b) under the law of an external Territory or the law of a foreign country, has the status of an undischarged bankrupt;

      and includes:

      (c) a person any of whose property is subject to control under:

      (i) section 50 or Division 2 of Part X of the Bankruptcy Act 1966; or

      (ii) a corresponding provision of the law of an external Territory or the law of a foreign country; or

      (d) a person who has executed a personal insolvency agreement under:

      (i) Part X of the Bankruptcy Act 1966; or

      (ii) the corresponding provisions of the law of an external Territory or the law of a foreign country;

      where the terms of the agreement have not been fully complied with.

      interest in a managed investment scheme means a right to benefits produced by the scheme (whether the right is actual, prospective or contingent and whether it is enforceable or not).

      investment in a company, disclosing entity or other body means:

      (a) a share in the company, disclosing entity or body; or

      (b) a debenture of the company, disclosing entity or body; or

      (c) a legal or equitable interest in:

      (i) a share in the company, disclosing entity or body; or

      (ii) a debenture of the company, disclosing entity or body; or

      (d) an option to acquire (whether by way of issue or transfer) an investment in the company, disclosing entity or body covered by paragraph (a), (b) or (c); or

      (e) an option to dispose of an investment in the company, disclosing entity or body covered by paragraph (a), (b) or (c); or

      (f) an interest a person holds under an arrangement that is a derivative if:

      (i) the consideration to be provided under the arrangement; or

      (ii) the value of the arrangement;

      is ultimately determined, derived from or varies by reference to an investment in the company, disclosing entity or body covered by paragraph (a), (b), (c), (d) or (e).

      To avoid doubt, the consideration to be provided under, or the value of, an arrangement in relation to an index is not ultimately determined, derived from or varies by reference to an investment in the company merely because the investment is taken into account in determining the value of the index.

      investment СКАЧАТЬ