Article 1: Definitions
For the purposes of this Agreement, unless the context otherwise requires:
- Australian Minister
- means the Minister of the Government of Australia who is responsible for the Treasury portfolio or any other Minister or Parliamentary Secretary acting for or on behalf of such Minister;
- Australian offeror
- means:
- an offeror incorporated under the laws of Australia;
- a natural person who is resident in Australia;
- a legal person (who is not a natural person) who is established under the laws of Australia; or
- an offeror registered as an overseas company under the laws of Australia;
- entry requirements
- means the requirements provided for in Article 4;
- home country
- means:
- in relation to an Australian offeror making an offer in New Zealand under the Scheme, Australia;
- in relation to a New Zealand offeror making an offer under the Scheme in Australia, New Zealand;
- host country
- means:
- in relation to an Australian offeror making an offer in New Zealand under the Scheme, New Zealand;
- in relation to a New Zealand offeror making an offer under the Scheme in Australia, Australia;
- implementing legislation
- means the legislation of each Party giving effect to the Scheme;
- New Zealand Minister
- means the Minister of the Government of New Zealand who is responsible for the Commerce portfolio or any other Minister acting for or on behalf of such Minister;
- New Zealand offeror
- means:
- an offeror incorporated under the laws of New Zealand;
- a natural person who is resident in New Zealand;
- a legal person (who is not a natural person) who is established under the laws of New Zealand; or
- an offeror registered as an overseas company under the laws of New Zealand;
- ongoing requirements
- means the requirements provided for in Article 5;
- regulated offer
- means:
- an offer of securities made by a New Zealand offeror in respect of which a prospectus or short-form prospectus or a similar offer document is required under New Zealand securities legislation; or
- an offer of securities made by an Australian offeror in respect of which a disclosure document or a product disclosure statement or a similar offer document is required under Australian securities legislation;
- Scheme
- means the mutual recognition scheme provided for in this Agreement;
- securities
- means debt securities, equity securities, interests in collective investment schemes and any interest in, or an option to acquire such securities;
- securities legislation
- means:
- in relation to Australia, the Corporations Act 2001, and any regulations made under that Act, or any legislation enacted in substitution for that Act;
- in relation to New Zealand, the Securities Act 1978 and any regulations made under that Act, or any legislation enacted in substitution for that Act;
- securities regulator
- means:
- in relation to Australia, the Australian Securities and Investments Commission established under the Australian Securities and Investments Commission Act 1989 and continued under the Australian Securities and Investments Commission Act 2001, or any other similar regulator established by law to replace the Commission;
- in relation to New Zealand, the Securities Commission established under the Securities Act 1978 or any other similar regulator established by law to replace the Commission, and the Registrar of Companies established under the Companies Act 1993 or any other similar regulator established by law to replace the Registrar, as appropriate;
- territory
- means:
- in relation to Australia, the territory of Australia excluding any external territory, unless the Parties have exchanged notes agreeing the terms on which this Agreement shall so apply; and
- in relation to New Zealand, the territory of New Zealand, excluding Tokelau.
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