Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 NBN Co; 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 NBN Co; 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 NBN Co; or
(d) an option to acquire a share or shares in NBN Co; 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 NBN Co; 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 NBN Co; 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 NBN Co; 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 NBN Co; or
(i) a security, or a financial product, that:
(i) is specified in a written declaration made by the Finance Minister under this subparagraph; and
(ii) relates directly or indirectly to NBN Co.
(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, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.
(8) In this section:
"security" has the same meaning as in subsection 92(5) of the Corporations Act 2001 .