Tax Laws Amendment (2010 Measures No. 4) Act 2010 (136 of 2010)

Schedule 4   Scrip for scrip alignment

Part 1   Amendments

Income Tax Assessment Act 1997

2   After subsection 124-780(2)

Insert:

Conditions for arrangement - takeover bids and arrangements

(2A) The *arrangement must:

(a) satisfy paragraph (2)(a); and

(b) be, be part of, or include one or more of the following:

(i) a takeover bid (within the meaning of the Corporations Act 2001) for the original interests by the acquiring entity that is not carried out in contravention of the provisions mentioned in paragraphs 612(a) to (g) of that Act;

Note: For exemption and modification of provisions by ASIC (and review by the takeovers panel) see Part 6.10 of the Corporations Act 2001. For Court declarations excusing contraventions see section 1325D of that Act.

(ii) a compromise or arrangement entered into by the original entity under Part 5.1 of the Corporations Act 2001, approved by order of a court made for the purposes of paragraph 411(4)(b) of that Act.