s 2

Definitions

In force

(1)

In Part 2 and this Schedule, unless the contrary intention appears:

acquisition includes an agreement to acquire, but does not include:

(a)

an acquisition by will or by devolution by operation of law; or

(b)

an acquisition by way of enforcement of a loan security.

arrangement has a meaning affected by clause 3.

associate has the meaning given by clause 4.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

constituent document, in relation to a company, means:

(a)

the memorandum and articles of association of the company; or

(b)

any rules or other documents constituting the company or governing its activities.

direct control interest has the meaning given by clause 11.

director includes any person occupying the position of director of a company, by whatever name called.

discretionary trust means a trust where:

(a)

a person (who may include the trustee) is empowered (either unconditionally or on the fulfilment of a condition) to exercise any power of appointment or other discretion; and

(b)

the exercise of the power or discretion, or the failure to exercise the power or discretion, has the effect of determining, to any extent, either or both of the following:

(i)

the identities of those who may benefit under the trust;

(ii)

how beneficiaries are to benefit, as between themselves, under the trust.

hold, in relation to a stake in a company, has the meaning given by subclause 10(1A).

increase, in relation to a stake held in a company, includes an increase from a starting point of nil.

interest in a share has the meaning given by clause 7.

lender, in relation to a loan security, means the person who is entitled to enforce the security.

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.

management employee, in relation to a company, means an employee of the company who is concerned in, or takes part in, the management of the company.

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, means:

(a)

a director, secretary or management 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.

ownership provisions means Part 2 and this Schedule.

parent: without limiting who is a parent of a person for the purposes of this Act, 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 5.

practical control, in relation to a financial sector company, has the meaning given by section 23.

relative, in relation to a person, means:

(a)

the person’s spouse; or

(b)

the 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: