Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A share, other interest of a member in a company or interest of a person in a registered scheme:
(b) is transferable or transmissible as provided by:
(i) the company's, or scheme's, constitution; or
(ii) the operating rules of a prescribed CS facility if they are applicable; and
(c) is capable of devolution by will or by operation of law.
(2) Paragraph (1)(c) has effect subject to:
(a) in the case of a company:
(i) the company's constitution (if any); and
(ii) any replaceable rules that apply to the company; and
(iii) the operating rules of a prescribed CS facility if they apply to the share or interest; and
(b) in the case of a scheme:
(i) the scheme's constitution; and
(ii) the operating rules of a prescribed CS facility if they apply to the interest.
(3) Subject to subsection (1):
(a) the laws applicable to ownership of, and dealing with, personal property apply to a share, other interest of a member in a company or interest of a person in a registered scheme as they apply to other property; and
(b) equitable interests in respect of a share, interest of a member in a company or other interest of a person in a registered scheme may be created, dealt with and enforced as in the case of other personal property.
(4) For the purposes of any law, a share, other interest of a member in a company or interest of a person in a registered scheme is taken to be situated:
(a) if the share, interest in a company, or interest in a registered scheme is entered on the register kept under section 169--in the State or Territory where that register is kept; or
(b) if the share or interest in the company is entered on an overseas branch register kept under section 178--in the foreign country where that register is kept.