Company or individual details
- Malcolm Broomhead (this entry is an individual, not a company)
On 21 September 2009, the ACCC accepted the undertaking of Mr Malcolm Broomhead, a director of Asciano Ltd and/or its related bodies corporate.
Under the undertaking Mr Broomhead agrees to remain an 'Independent Asciano Person'. A person is not an Independent Asciano Person if, amongst other things, he or she, or his or her relative, has an interest in Toll Holdings Ltd (including shares), is employed by Toll, or has, in the past five years, been a director of or adviser to Toll.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.
The fifth variation relates to Toll’s restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust, Asciano.
The ACCC's decision to consent to the fifth variation was given effect through the following documents:
- a variation to Toll's undertakings;
- a new undertaking from Asciano Limited; and
- new undertakings from the directors of Toll and Asciano.
A copy of those documents can be viewed on the ACCC’s website.