Definitions
90 Definitions
In this Part—
S. 90(1) def. of capital reduction amended by No. 44/2001 s. 3(Sch. item 32.5(a)).
capital reduction means—
the redemption, surrender or cancellation of a share (including cancellation as part of a buy-back of shares in accordance with Division 2 of Part 2J.1 of the Corporations Act); or
a reduction in the paid up value of a share;
S. 90(1) def. of company amended by Nos 44/2001 s. 3(Sch. item 32.5(a)), 28/2011 s. 24.
company means a Victorian company that is—
a public company within the meaning of the Corporations Act; and
not listed on the ASX or a recognised stock exchange;
dutiable entitlement means a voting share entitlement in respect of whose acquisition a statement is required, under section 94, to be lodged;
person includes persons who are associated persons;
rights alteration, in relation to voting shares, means a variation, abrogation or alteration of rights relating to the shares;
S. 90(1) def. of voting shares substituted as voting share by No. 44/2001 s. 3(Sch. item 32.5(b)).
voting share has the same meaning as in section 9 of the Corporations Act.
For the purposes of this Part, if voting shares acquired by associated persons severally do not, but taken in the aggregate would, confer an entitlement to which this Part applies, the voting shares acquired by the associated persons are taken to be aggregated and are taken to confer the entitlement on the associated person who last acquired any of those voting shares.
If, by subsection (2), an entitlement to voting shares is taken to exist as the aggregate of voting shares of associated persons, the associated persons are jointly and severally liable for payment of the duty chargeable on the statement required to be lodged under this Part.
Voting shares are not to be aggregated in accordance with subsection (2) if the Commissioner is satisfied that the associated persons concerned acquired their several shares independently and for no common purpose.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.