Corporations Act. Australia

Corporations Act - Australia


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      spouse of a person includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901.

      staff member, in relation to ASIC, means a person who is a staff member for the purposes of the ASIC Act.

      standard opening hours means 10 am to 12 noon and 2 pm to 4 pm each business day.

      State, when used in a geographical sense, includes the coastal sea of the State.

      State Fair Trading Act means the following Acts for each State and Territory:

      State Fair Trading Acts

      State or Territory

      Act

      1

      New South Wales

      Fair Trading Act 1987

      2

      Victoria

      Fair Trading Act 1999

      3

      Queensland

      Fair Trading Act 1989

      4

      South Australia

      Fair Trading Act 1987

      5

      Western Australia

      Fair Trading Act 1987

      6

      Tasmania

      Fair Trading Act 1990

      7

      Northern Territory

      Consumer Affairs and Fair Trading Act 1990

      8

      Australian Capital Territory

      Fair Trading Act 1992

      State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 applies because of a Proclamation made under subsection 41(2) of that Act.

      statement, in Chapter 7, includes matter that is not written but conveys a message.

      State or Territory court means a court of a State, the Capital Territory or the Northern Territory.

      State or Territory Supreme Court means the Supreme Court of:

      (a) a State; or

      (b) the Capital Territory; or

      (c) the Northern Territory.

      statutory demand means:

      (a) a document that is, or purports to be, a demand served under section 459E; or

      (b) such a document as varied by an order under subsection 459H(4).

      statutory minimum means:

      (a) if an amount greater than $2,000 is prescribed — the prescribed amount; or

      (b) otherwise—$2,000.

      subsection 1337B(3) proceeding means a proceeding with respect to a matter referred to in subsection 1337B(3).

      subsidiary, in relation to a body corporate, means a body corporate that is a subsidiary of the first‑mentioned body by virtue of Division 6.

      substantial holding: A person has a substantial holding in a body corporate, or listed registered managed investment scheme, if:

      (a) the total votes attached to voting shares in the body, or voting interests in the scheme, in which they or their associates:

      (i) have relevant interests; and

      (ii) would have a relevant interest but for subsection 609(6) (market traded options) or 609(7) (conditional agreements);

      is 5 % or more of the total number of votes attached to voting shares in the body, or interests in the scheme; or

      (b) the person has made a takeover bid for voting shares in the body, or voting interests in the scheme, and the bid period has started and not yet ended.

      Note: For relevant interest, see section 608.

      substantial interest has a meaning affected by section 602A.

      substantial part, in relation to activities, includes the whole of those activities.

      superannuation guarantee charge has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.

      superannuation guarantee shortfall has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.

      superior court means the Federal Court of Australia, the Supreme Court of a State or Territory, the Family Court or a State Family Court.

      superior court matter means a civil matter that this Act clearly intends (for example, by use of the expression the Court) to be dealt with only by a superior court.

      Supplementary Product Disclosure Statement, when used in a provision outside Chapter 7, has the same meaning as it has in Chapter 7.

      takeover bid means an off‑market bid or market bid made under Chapter 6.

      takeover contract means a contract that results from the acceptance of an offer made under a takeover bid.

      target for a takeover bid means the company, listed body or managed investment scheme whose securities are to be acquired under the bid.

      target’s statement means a target’s statement under sections 638 to 640 as supplemented.

      territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973.

      Territory means:

      (a) the Capital Territory; or

      (b) the Northern Territory; or

      (c) an external Territory;

      and, when used in a geographical sense, includes the coastal sea of the Territory.

      this Act includes the regulations.

      this jurisdiction means the geographical area that consists of:

      (a) each referring State (including its coastal sea); and

      (b) the Capital Territory (including the coastal sea of the Jervis Bay Territory); and

      (c) the Northern Territory (including its coastal sea); and

      (d) also, for the purposes of the application of a provision of Chapter 7 or an associated provision (as defined in section 5) — any external Territory in which the provision applies because of subsection 5(9) (but only to the extent provided for in that subsection).

      time‑sharing scheme means a scheme, undertaking or enterprise, whether in Australia or elsewhere:

      (a) participants in which are, or may become, entitled to use, occupy or possess, for 2 or more periods during the period for which the scheme, undertaking or enterprise is to operate, property to which the scheme, undertaking or enterprise relates; and

      (b) that is to operate for


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