CTHRepealedAct
Clean Energy Act 2011
84Financial control transfer test
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84 Financial control transfer test
A person (the first person) passes the financial control transfer test in relation to a facility if: (a) the facility is under the operational control of another person (the operator); and (b) the first person has financial control over the facility; and (c) the first person is not an individual; and (d) the first person is not a foreign person; and (e) if the first person is a member of a controlling corporation’s group—the operator is not a member of the group.
Note: For financial control, see section 92.