Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 8

  (1)   For the purposes of this Act:

  (a)   a person has a shareholding interest in a company if the person is beneficially entitled to, or to an interest in, shares in the company, whether or not any part of the legal ownership of the shares is vested in the person; and

  (b)   the percentage of the interest is the value of the shares, or of the interest in the shares, as the case may be, on the basis that the value of the shares is equal to the amount paid on the shares, expressed as a percentage of the total of all amounts paid on shares in the company.

  (2)   For the purposes of this Act:

  (a)   a person has a voting interest in a company if the person is in a position to exercise control of votes cast on a poll at a meeting of the company; and

  (b)   the percentage of the interest is the greatest percentage of the number of votes, expressed as a percentage of the total number of votes that could be cast on any issue at a meeting of the company, the casting of which the person is in a position to control.

  (3)   For the purposes of this Act:

  (a)   a person has a dividend interest in a company if:

  (i)   the person is, or would become if a dividend were declared, beneficially entitled to be paid or credited a dividend by the company; or

  (ii)   under the memorandum and articles of association of the company, a share of any profits of the company is to be, or may be, paid or credited to the person otherwise than as dividends on shares; and

  (b)   the percentage of the interest is:

  (i)   if subparagraph   (a)(i) applies--the amount of the dividend to which the person is beneficially entitled or will become beneficially entitled expressed as a percentage of the total of all dividends to which members of the company become entitled at that time; or

  (ii)   if subparagraph   (a)(ii) applies--the amount of the maximum share of any profits of the company that could be paid or credited to the person at a particular time expressed as a percentage of the total of all shares of profits that could be paid or credited to all members of the company at that time.

  (4)   For the purposes of this Act:

  (a)   a person has a winding - up interest in a company if the person would be entitled to a share of the property of the company that could be distributed among members of the company if property of the company were distributed among members, whether as a result of a winding - up or otherwise; and

  (b)   the percentage of the interest is the percentage that the value of that part of the property of the company to which the person would be so entitled bears to the total value of the property of the company.

  (5)   A person may have a voting interest, a dividend interest or a winding - up interest in a company even if the person does not have a beneficial entitlement to, or to an interest in, shares in the company.