Commonwealth Numbered Regulations

1990 No. 455 CORPORATIONS REGULATIONS - REG 5.1.01

5.1.01. (1) For the purposes of paragraph 411 (3) (b) and subparagraph 412 (1)
(a) (ii) of the Corporations Law, unless the Commission otherwise allows, the
explanatory statement must:

   (a)  for a proposed arrangement between a Part 5.1 body and its creditors,
        or a class of its creditors:

   (i)  state the matters set out; and

   (ii) have annexed to it the reports and copies of documents referred to; in
        Part 2 of Schedule 8; and

   (b)  for a proposed arrangement between a Part 5.1 body and its members, or
        a class of its members, other than a proposed arrangement referred to
        in paragraph (c):

   (i)  state the matters set out; and

   (ii) have annexed to it the reports and copies of documents referred to; in
        Part 3 of Schedule 8; and

   (c)  for a proposed arrangement between a Part 5.1 body and its members, or
        a class of its members, in relation to the reconstruction of a
        corporation, or the amalgamation of 2 or more corporations, if:

   (i)  the whole or part of the undertaking or of the property of a
        corporation is to be transferred to a trustee to be held beneficially
        on behalf of the unit holders of the trust; or

   (ii) the shares in the corporation that are held by members are to be
        cancelled and control is to pass to a trustee to be held on behalf of
        a unit holder of the trust; state the matters set out and have annexed
        to it the documents and, if the trustee of that business operates no
        other business in relation to that trust, the reports referred to, in
        Part 4 of Schedule 8.
(2) For the purposes of Schedule 8, "securities exchange" means:

   (a)  Australian Stock Exchange Limited;

   (b)  Australian Stock Exchange (Adelaide) Limited;

   (c)  Australian Stock Exchange (Brisbane) Limited;

   (d)  Australian Stock Exchange (Hobart) Limited;

   (e)  Australian Stock Exchange (Melbourne) Limited;

   (f)  Australian Stock Exchange (Perth) Limited;

   (g)  Australian Stock Exchange (Sydney) Limited.