Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"acquisition" includes an agreement to acquire, but does not include an acquisition:
(a) by will or by devolution by operation of law; or
(b) by way of enforcement of a security held solely for the purposes of a moneylending agreement.
"agreement" means any agreement, whether formal or informal and whether express or implied, other than a moneylending agreement.
"asset" includes an interest in an asset.
"Australia" includes the external Territories to which this Act extends.
"Australian corporation" means a corporation of a kind referred to in paragraph 13(1)(a), (b) or (c).
"Australian rural land" means land situated in Australia that is used wholly and exclusively for carrying on a business of primary production.
"Australian urban land" means land situated in Australia that is not Australian rural land.
"Australian urban land corporation" means a corporation to which section 13C applies.
"Australian urban land trust estate" means a trust estate to which section 13D applies.
"balance-sheet" includes a statement of assets and liabilities or any similar document.
"constituent document" , in relation to a corporation, means the constitution of the corporation or any rules or other document constituting the corporation or governing its activities.
"debenture" includes debenture stock, bonds, notes and any other document evidencing or acknowledging indebtedness of a corporation, whether constituting a charge on the assets of the corporation or not.
"director" includes any person occupying the position of director of a corporation, by whatever name called.
"financial corporation" means a financial corporation to which paragraph 51(xx) of the Constitution is applicable, and includes a corporation formed within the limits of Australia that carries on as its sole or principal business the business of banking or insurance, other than banking or insurance to which paragraph 51(xiii) or (xiv) of the Constitution, as the case may be, is not applicable.
"foreign corporation" means a foreign corporation to which paragraph 51(xx) of the Constitution is applicable or a corporation that is incorporated in an external Territory to which this Act does not extend.
"foreign government investor" has the meaning given by section 17F.
(a) a natural person not ordinarily resident in Australia;
(b) a corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest;
(c) a corporation in which 2 or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate controlling interest;
(d) the trustee of a trust estate in which a natural person not ordinarily resident in Australia or a foreign corporation holds a substantial interest; or
(e) the trustee of a trust estate in which 2 or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate substantial interest.
"interest in Australian urban land" has the meaning given by section 12A.
"land" includes a building or other structure, or a part of a building or other structure.
(a) a right (however described) under a law of the Commonwealth or of a State or Territory to recover minerals, other than a right to recover minerals for the purposes of prospecting or exploring for minerals;
(b) a lease by virtue of which the lessee has a right falling within paragraph (a); or
(c) an interest in a right falling within paragraph (a) or in a lease falling within paragraph (b).
"moneylending agreement" means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, not being an agreement dealing with any matter unrelated to the carrying on of that business.
"officer" , in relation to a corporation, includes:
(a) a director, secretary or employee of the corporation;
(b) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or
(c) a liquidator of the corporation appointed in a voluntary winding up.
"prescribed foreign government investor" has the meaning given by section 17G.
"prescribed foreign investor" has the meaning given by section 17E.
"prescribed sensitive sector" has the meaning given by section 17H.
"primary production" has the same meaning as in the Income Tax Assessment Act 1936 .
"profit and loss account" includes any statement of profits and losses or any similar document.
"repealed Act" means the Companies (Foreign Take-overs) Act 1972-1974 .
"share" , in relation to a corporation, means a share in the share capital of the corporation, and:
(a) includes stock into which all or any of the share capital of the corporation has been converted; and
(b) except in section 11 or 26, includes an interest in such a share or in such stock.
"Territory" means an internal Territory or an external Territory to which this Act extends.
"trading corporation" means a trading corporation to which paragraph 51(xx) of the Constitution is applicable.
(2) In this Act, a reference to the determination of the policy of a business of exploiting a mineral right includes a reference to the determination of questions relating to the disposal of the right.
(3) In this Act:
(a) a reference to a person proposing to acquire shares or assets includes:
(i) a reference to a person making an offer to acquire shares or assets;
(ii) a reference to a person making or publishing a statement, however expressed, that expressly or impliedly invites a holder of shares or assets to offer to dispose of shares or assets; and
(iii) a reference to a person taking part in, or proposing to take part in, negotiations with a view to the acquisition of shares or assets;
(aa) a reference to a person proposing to acquire an interest in Australian urban land includes:
(i) a reference to a person making an offer to acquire such an interest;
(ii) a reference to a person making or publishing a statement, however expressed, that expressly or impliedly invites a holder of such an interest to offer to dispose of that interest; and
(iii) a reference to a person taking part in, or proposing to take part in, negotiations with a view to the acquisition of such an interest;
(b) a reference to a person proposing to enter into an agreement or arrangement includes a reference to a person taking part in, or proposing to take part in, negotiations with a view to entering into an agreement or arrangement; and
(c) a reference to a person proposing to terminate an arrangement includes a reference to a person taking part in, or proposing to take part in, negotiations with a view to terminating an arrangement.
(4) In this Act, a reference to entering into an arrangement is a reference to entering into any formal or informal scheme, arrangement or understanding, whether expressly or by implication, and, without limiting the generality of the foregoing, includes a reference to:
(a) entering into an agreement, other than a moneylending agreement;
(b) creating a trust, whether express or implied; and
(c) entering into a transaction;
and references to an arrangement shall be construed accordingly.
(5) In this Act, a reference to entering into an agreement or arrangement includes a reference to altering or varying an agreement or arrangement.
(6) In this Act, an act done or proposed to be done by an agent on behalf of his or her principal shall be deemed to be done or proposed to be done by his or her principal.
(8) A reference in this Act to an offence against this Act or against a particular provision of this Act includes a reference to an offence consisting of an attempt to commit such an offence.
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