8Group and members of a group

#### 8 Group and members of a group (1) For the purposes of this Act, a controlling corporation’s group consists of the following entities: (a) the controlling corporation; (b) the controlling corporation’s subsidiaries covered by subsection (3) (if any). However, paragraph (b) does not apply if the controlling corporation is not incorporated in Australia. (2) The members of the group are the entities mentioned in subsection (1) (other than the controlling corporation’s subsidiaries if the controlling corporation is not incorporated in Australia). (3) A subsidiary of the controlling corporation is covered by this section unless: (a) the subsidiary is also a subsidiary of another body corporate because the other body corporate meets the requirement in subparagraph 46(a)(i) or (ii) of the Corporations Act 2001 in relation to the subsidiary; and (b) the other body corporate is not a member of the group (including by reason of a previous operation of this subsection). (4) To avoid doubt, a controlling corporation’s group may consist of the controlling corporation alone.