56PMeaning of relevant acquisition

56P Meaning of relevant acquisition (1) An acquisition of an interest in a corporation by a person is a relevant acquisition for this Division: (a) if it is an acquisition that alone constitutes a significant interest in the corporation; or (b) if, when aggregated with other interests in the corporation held by the person, or the person and related persons, it constitutes a significant interest in the corporation; or (c) if, by the acquisition, a person who has a significant interest in the corporation or an interest referred to in paragraph (b) acquires a further interest in the corporation. (2) In addition, the Commissioner may determine a person has made a relevant acquisition on a specified date of an interest in a corporation that is 100% or a lesser specified percentage if the Commissioner considers: (a) the person has acquired the control of the corporation; and (b) the control is acquired otherwise than by a relevant acquisition mentioned in subsection (1). (3) For subsection (2), a person acquires the control of a corporation if the person acquires the capacity to determine or influence the outcome of decisions about any of the corporation's financial and operating policies (whether directly or indirectly), taking into account

Stamp Duty Act 1978 66 all of the following: (a) any enforceable rights the person has over those policies; (b) any practical influence the person can exert over those policies; (c) any other practice or behaviour of the person that might affect those policies (whether or not the practice or behaviour involves a breach of an agreement or of a trust). (4) A reference to a person in subsections (2) and (3) includes a reference to a person acting alone or together with related persons.