National Greenhouse and Energy Reporting Act 2007
22JReporting transfer test
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22J Reporting transfer test
A corporation (the transferee corporation) passes the reporting transfer test in relation to a facility if: (a) the facility is under the operational control of another corporation (the transferor corporation); and (b) the transferee corporation has financial control over the facility; and (c) the transferee corporation is a company registered under Part 2A.2 of the Corporations Act 2001; and (d) the transferee corporation is a constitutional corporation; and (e) if the transferee corporation is a member of a controlling corporation’s group—the transferor corporation is not a member of that group; and (f) the transferor corporation is a member of a controlling corporation’s group.
Note: For financial control, see section 22R.