(1) An interest in a share in a Medibank Private company is an interest of a prescribed kind if the interest exists solely as a result of an action taken by the interest-holder (the agent ) in the agent's capacity as:
(a) a depositary for another person; or
(b) a custodian for another person; or
(c) a nominee of another person.
(2) The agent is a prescribed person if the agent does not:
(a) hold a beneficial interest in the share; or
(b) have authority, by proxy or any other arrangement with the holder of the beneficial interest, to exercise in a discretionary way the voting rights attaching to the share.