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TELSTRA CORPORATION ACT 1991 - SECT 8AJA Sale - scheme hybrid securities

TELSTRA CORPORATION ACT 1991 - SECT 8AJA

Sale - scheme hybrid securities

  (1)   For the purposes of this Act, a sale - scheme hybrid security is:

  (a)   an interest - bearing security that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or

  (b)   a share that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or

  (c)   any other security or financial product that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or

  (d)   an option to acquire a share or shares in Telstra; or

  (e)   an interest - bearing security that is issued on the basis that it will or may be converted to a share or shares in Telstra; or

  (f)   any other security or financial product that is issued on the basis that it will or may be converted to a share or shares in Telstra; or

  (g)   an interest - bearing security that is issued on the basis that it will or may be exchanged for a share or shares in Telstra; or

  (h)   any other security or financial product that is issued on the basis that it will or may be exchanged for a share or shares in Telstra; or

  (i)   a security, or a financial product, that:

  (i)   is specified in a written declaration made by the Minister for Finance under this subparagraph; and

  (ii)   relates directly or indirectly to Telstra.

  (2)   A security or financial product covered by a paragraph of subsection   (1) may (but need not) include a charge, pledge or lien.

  (3)   A security covered by paragraph   (1)(a), (e) or (g) may be issued in or outside Australia, and may be denominated in:

  (a)   Australian currency; or

  (b)   a currency other than Australian currency.

  (4)   A share covered by paragraph   (1)(b) may be issued in or outside Australia, and any rights or obligations may be denominated in:

  (a)   Australian currency; or

  (b)   a currency other than Australian currency.

  (5)   A security or financial product covered by paragraph   (1)(c), (f), (h) or (i) may be issued in or outside Australia, and any rights or obligations may be denominated in:

  (a)   Australian currency; or

  (b)   a currency other than Australian currency.

  (6)   An option covered by paragraph   (1)(d) may be issued in or outside Australia, and the exercise price may be denominated in:

  (a)   Australian currency; or

  (b)   a currency other than Australian currency.

  (7)   A declaration under subparagraph   (1)(i)(i) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.

  (8)   In this section:

"charge" has the same meaning as in the Corporations Act 2001 .

"financial product" has the same meaning as in Division   3 of Part   7.1 of the Corporations Act 2001 .

"security" has the same meaning as in subsection   92(5) of the Corporations Act 2001 .