Tax Laws Amendment (2007 Measures No. 3) Act 2007 (79 of 2007)
Schedule 7 Interest withholding tax
Income Tax Assessment Act 1936
4 After subsection 128F(3)
Insert:
(3A) An invitation to become a lender under a syndicated loan facility by a company satisfies the public offer test if the invitation was made:
(a) to at least 10 persons each of whom:
(i) was carrying on a business of providing finance, or investing or dealing in securities, in the course of operating in financial markets; and
(ii) was not known, or suspected, by the company to be an associate (see subsection (9)) of any of the other persons covered by this paragraph; or
(b) publicly in electronic form, or in another form, that was used by financial markets for dealing in debentures or debt interests; or
(c) to a dealer, manager or underwriter, in relation to the placement of debentures or debt interests, who, under an agreement with the company, made the invitation to become a lender under the facility within 30 days in a way covered by paragraph (a) or (b).
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