Commonwealth Consolidated Acts

TELSTRA CORPORATION ACT 1991 - SECT 8AJA

             (1)  For the purposes of this Act, a sale-scheme hybrid security is:

                     (a)  an interest-bearing security that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or

                     (b)  a share that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or

                     (c)  any other security or financial product that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or

                     (d)  an option to acquire a share or shares in Telstra; or

                     (e)  an interest-bearing security that is issued on the basis that it will or may be converted to a share or shares in Telstra; or

                      (f)  any other security or financial product that is issued on the basis that it will or may be converted to a share or shares in Telstra; or

                     (g)  an interest-bearing security that is issued on the basis that it will or may be exchanged for a share or shares in Telstra; or

                     (h)  any other security or financial product that is issued on the basis that it will or may be exchanged for a share or shares in Telstra; or

                      (i)  a security, or a financial product, that:

                              (i)  is specified in a written declaration made by the Minister for Finance under this subparagraph; and

                             (ii)  relates directly or indirectly to Telstra.

             (2)  A security or financial product covered by a paragraph of subsection (1) may (but need not) include a charge, pledge or lien.

             (3)  A security covered by paragraph (1)(a), (e) or (g) may be issued in or outside Australia, and may be denominated in:

                     (a)  Australian currency; or

                     (b)  a currency other than Australian currency.

             (4)  A share covered by paragraph (1)(b) may be issued in or outside Australia, and any rights or obligations may be denominated in:

                     (a)  Australian currency; or

                     (b)  a currency other than Australian currency.

             (5)  A security or financial product covered by paragraph (1)(c), (f), (h) or (i) may be issued in or outside Australia, and any rights or obligations may be denominated in:

                     (a)  Australian currency; or

                     (b)  a currency other than Australian currency.

             (6)  An option covered by paragraph (1)(d) may be issued in or outside Australia, and the exercise price may be denominated in:

                     (a)  Australian currency; or

                     (b)  a currency other than Australian currency.

             (7)  A declaration under subparagraph (1)(i)(i) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 , but section 42 of that Act does not apply to the declaration.

             (8)  In this section:

"charge" has the same meaning as in the Corporations Act 2001 .

"financial product" has the same meaning as in Chapter 7 of the Corporations Act 2001 .

"security" has the same meaning as in Chapter 7 of the Corporations Act 2001 .