92Financial control

#### 92 Financial control (1) For the purposes of this Act, if a person (the operator) has operational control over a facility, another person (the second person) has financial control over the facility if: (a) under a contract between: (i) the operator; and (ii) the second person; the operator operates the facility on behalf of the second person; or (b) under a contract between: (i) the operator; and (ii) the second person and one or more other persons; the operator operates the facility on behalf of the second person and those other persons; or (c) the second person is able to control the trading or financial relationships of the operator in relation to the facility; or (d) the second person has the economic benefits from the facility; or (e) all of the following conditions are satisfied: (i) the second person is a participant in a joint venture; (ii) there is one other participant in the joint venture; (iii) the second person shares the economic benefits from the facility with the other participant; (iv) the second person’s share equals or exceeds the share of the other participant; or (f) all of the following conditions are satisfied: (i) the second person is a participant in a joint venture; (ii) there are 2 or more other participants in the joint venture; (iii) the second person shares the economic benefits from the facility with the other participants; (iv) no other participant has a share that exceeds the share of the second person; or (g) all of the following conditions are satisfied: (i) the second person is a partner in a partnership; (ii) there is one other partner in the partnership; (iii) the second person shares the economic benefits from the facility with the other partner; (iv) the second person’s share equals or exceeds the share of the other partner; or (h) all of the following conditions are satisfied: (i) the second person is a partner in a partnership; (ii) there are 2 or more other partners in the partnership; (iii) the second person shares the economic benefits from the facility with the other partners; (iv) no other partner has a share that exceeds the share of the second person; or (i) the second person is able to direct or sell the output of the facility; or (j) under the regulations, the second person is taken to have financial control over the facility. (2) In determining whether the second person has that financial control, regard must be had to the economic and commercial substance of the matters mentioned in subsection (1).