(1) These marketable securities and rights in respect of shares (other than a right in respect of shares described in paragraph (b) of the definition in section 4 of }right in respect of shares~) shall be treated for the purposes of this Act as if they are situated in this State:

(a) a marketable security or right in respect of shares of a WA company; irrespective of where the register on which it is registered by the company is situated and despite section 1070A(4) of the Corporations Act or any other law;

(b) a marketable security or a right in respect of shares of a foreign company ¾ if it is registered on a register kept in this State by that company;

(c) a marketable security that is a unit of a unit trust scheme ¾ if the scheme's principal register is kept in this State;

(d) a marketable security that is a unit of a unit trust scheme no register of which is kept in Australia ¾

(i) if the scheme has a manager and the manager is a natural person resident in this State or a relevant company; or

(ii) if the scheme does not have a manager but has a trustee that is a natural person resident in this State or a relevant company.

[(2) repealed]

(3) Despite section 1070A(4) of the Corporations Act or any other law, unless otherwise provided in this Act, a marketable security, or a right in respect of shares, of a company taken to be registered under the Corporations Act in another State or Territory, if registered on a register in this State, shall not, for the purposes of this Act, be treated as if it is situated in this State.

(4) The situation of a marketable security or a right in respect of shares that is not referred to in this section is not affected by this section.

(4a) Subsections (1)(a) and (3) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to section 1070A(4) of that Act.

(5) In subsection (1)(d) ¾

}relevant company~ means ¾

(a) a WA company; or

(b) a foreign company with a registered office under the Corporations Act that is situated in this State.

[Section 112B inserted by No. 48 of 1996 s. 35; amended by No. 22 of 1998 s. 29; No. 53 of 1999 s. 25 and 31; No. 10 of 2001 s. 181; No. 21 of 2003 s. 29.]