The Double Taxation Relief (Taxes on Income) (Australia) Order 2003

6.  The term “dual listed company arrangement” as used in this Article means an arrangement pursuant to which two publicly listed companies, while maintaining their separate legal entity status, shareholdings and listings, align their strategic directions and the economic interests of their respective shareholders through:

(a) the appointment of common (or almost identical) boards of directors;

(b) management of the operations of the two companies on a unified basis;

(c) equalised distributions to shareholders in accordance with an equalisation ratio applying between the two companies, including in the event of a winding up of one or both of the companies;

(d) the shareholders of both companies voting in effect as a single decision-making body on substantial issues affecting their combined interests; and

(e) cross-guarantees as to, or similar financial support for, each other’s material obligations or operations, except where the effect of the relevant regulatory requirements prevents such guarantees or financial support.