Section 1013: Exception to section 1012
3001.This section sets out a series of circumstances in which section 1012 does not apply, and hence section 1008 does apply. It is based on section 209B(2), (4), (5), (6), (7) and (9) of ICTA.
3002.All the four conditions A to D must be met and have been met at all times in which any hedging arrangements have been in place in relation to that security (but only on or after 17 April 2002).
3003.Once any one of the conditions A to D in this section is not met, section 1012 applies from that point onwards, and continues to apply even if all the conditions are subsequently satisfied.
3004.The following table summarises the interaction of sections 1006 to 1013.
| Section 1008 applies? | Section 1007applies? | |
|---|---|---|
| Security issued at a premium representing new consideration and the consideration is not greater than the principal secured – section 1007(1) | NO | YES |
| New consideration received exceeds the principal secured | YES | NO |
| Section 1009(1) applies – securities linked to shares | NO | YES |
| Section 1009(2) applies, overrides section 1009(1) | YES | NO |
| Section 1012 applies – hedging arrangements | NO | YES |
| Section 1013 applies, overrides section 1012 | YES | NO |
