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Part 7 · Competition and Consumer Protection

65. Control of equity interests and voting power in regulated person

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Amended

Last amended by an amending law of 2026.

(1)

Subject to subsection (5), a person must not, without obtaining the prior written approval of the Authority to do so, become, whether through a series of transactions over a period of time or otherwise, a 30% controller of a regulated person.

(2)

Subject to subsection (5), a person must not, without obtaining the prior written approval of the Authority to do so, acquire any business of a regulated person that is conducted pursuant to a broadcasting licence or newspaper permit, or any part of any such business, as a going concern.

(3)

Subject to subsection (5), a person must not, without obtaining the prior written approval of the Authority to do so, obtain effective control over a regulated person.

(4)

An application for the written approval of the Authority under subsection (1), (2) or (3) —

(a)

must be made in such form and manner as the Authority may determine; and

(b)

must be supported by such information as the Authority may require.

(5)

Any person may, without obtaining the prior written approval of the Authority to do so, do any thing mentioned in subsection (1), (2) or (3), if the doing of that thing occurs by virtue only of any transaction prescribed for the purposes of this subsection.

(6)

A regulated person, the trustee-manager of a regulated person which is a business trust, or the trustee of a regulated person which is a trust (other than a business trust), must give written notice to the Authority, within 7 days after first becoming aware of the event, in the event that any person, by virtue only of any transaction prescribed for the purposes of subsection (5) —

(a)

becomes, whether through a series of transactions over a period of time or otherwise, a 30% controller of the regulated person;

(b)

acquires any business of the regulated person that is conducted pursuant to a broadcasting licence or newspaper permit, or any part of any such business, as a going concern; or

(c)

obtains effective control over the regulated person.

(7)

If a person contravenes subsection (1), (2) or (3), or any condition imposed by the Authority when granting approval under any of these provisions, the Authority may issue a direction to the person under section 65A.

(8)

Any trustee-manager of a regulated person which is a business trust, or trustee of a regulated person which is a trust (other than a business trust), which contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(9)

Subsection (8) does not apply to a trustee-manager or trustee of the business trust or trust being regulated where the regulated person is the trustee-manager or trustee.

Report

Part 8

Administration and Enforcement

Part 9

Transfer of Undertakings and Personnel to Authority

Part 10

Repeal, Saving and Transitional Provisions