Corporations Amendment (Asia Region Funds Passport) Act 2018 (61 of 2018)
Schedule 2 Amendments consequential on Chapter 8A
Corporations Act 2001
47 Section 9 (definition of substantial holding)
Repeal the definition, substitute:
substantial holding : a person has a substantial holding in a body corporate, listed registered scheme or listed notified foreign passport fund, if:
(a) the total votes attached to voting shares in the body or voting interests in the scheme or fund, 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 fund; 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 1: For relevant interest , see section 608.
Note 2: Paragraph (b) does not apply in relation to a notified foreign passport fund.