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s 8

Certain interests in shares to be disregarded

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Schedule 1Ownership definitions

8 Certain interests in shares to be disregarded

(1)

For the purposes of the ownership provisions, the following interests must be disregarded:

(a)

an interest in a share held by a person whose ordinary business includes the lending of money if the person holds the interest as a loan security;

(b)

an interest in a share held by a person, being an interest held by the person because the person holds a prescribed office;

(c)

an interest of a prescribed kind in a share, being an interest held by such persons as are prescribed.

(2)

For the purposes of the ownership provisions, if:

(a)

a person holds an interest in a share as a loan security; and

(b)

the ordinary business of the person includes the lending of money; and

(c)

the loan security is enforced; and

(d)

as a result of the enforcement of the loan security, the person becomes the holder of the share; and

(e)

the person holds the share for a continuous period (the holding period) beginning at the time when the security was enforced;

the person’s interest in the share must be disregarded at all times during so much of the holding period as occurs during whichever of the following periods is applicable:

(f)

the period of 90 days beginning when the security was enforced;

(g)

if the Treasurer, by written notice given to the person, allows a longer period—the end of that longer period.

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Section 8 — Certain interests in shares to be disregarded — Financial Sector (Shareholdings) Act 1998 (Commonwealth) — Barrister AI