58Actions taken by wholly‑owned groups

58 Actions taken by wholly‑owned groups

Despite Part 2, if: (a) the fees worked out under this instrument for 2 or more actions are payable by different members of the same wholly‑owned group; and (b) either: (i) a single agreement covers the actions; or (ii) a member of the group gives the Treasurer written notice that the group is proposing to take, or has taken, the actions; this instrument applies to the actions as if: (c) if subparagraph (b)(ii) applies—a single agreement covers the actions; and (d) the fees were payable by the same person.

Note 1: Paragraphs (c) and (d) will enable the total amount of the fees to be adjusted under a provision like Subdivision B of Division 2, subsection 53(2), 54(3) or 55(3) if that provision applies.

Note 2: The adjusted fees could be paid by any member of the group.