12Applying to register in relation to meeting a threshold

#### 12 Applying to register in relation to meeting a threshold (1) A controlling corporation must apply, in accordance with this section, to be registered under Division 3 if the corporation’s group meets one or more of the thresholds under section 13 for a financial year (the trigger year) ending on or after 30 June 2009. Civil penalty: 2,000 penalty units. > Note: Under section 30 a controlling corporation may be liable for an additional civil penalty for each day that it fails to apply in accordance with subsection (1) of this section. (2) However, a controlling corporation is not required to make an application under subsection (1) in relation to a financial year if: (a) the corporation has previously made an application under subsection (1) or (3); and (b) the corporation was registered under Division 3 because of that application; and (c) the corporation is registered under Division 3 at the end of that year. > Note: Example: A controlling corporation’s trigger year is the financial year ending on 30 June 2009. > Note: During that year, the corporation applies under subsection (1) to be registered under Division 3 and the corporation is so registered. > Note: On 30 June 2010 the corporation is still registered under Division 3\. The corporation is not required to make an application under subsection (1) in relation to the financial year ending on 30 June 2010. (3) A controlling corporation may apply, in accordance with this section, to be registered under Division 3 if an executive officer of the corporation is satisfied that the corporation’s group is likely to meet one or more of the thresholds under section 13 for a financial year (the trigger year) ending on or after 30 June 2009. (4) An application under subsection (1) or (3) must be made by 31 August in the financial year after the trigger year.