175FGrounds for excluding employers from group

#### 175F Grounds for excluding employers from group 175F Grounds for excluding employers from group > > (1) A determination may be made by the Nominal Insurer under section 175E in respect of the following employers only— > > > > > (a) an employer who would, but for the determination, be a member of a group arising under section 175N (Primary groups arising from the use of common employees), > > > > > (b) an employer that carries on a business as trustee of a trust and would, but for the determination, be a member of a group arising under section 175O (Primary groups of commonly controlled businesses), > > > > > (c) an employer that is a non-profit organisation having as one of its objects a charitable, benevolent, philanthropic or patriotic purpose, but only if the employer’s business is not in direct competition with any for-profit organisation. > > > (2) In the case of an employer referred to in subsection (1) (b), the determination may be made only if the Nominal Insurer is satisfied that the employer would, but for the determination, be a member of a group with a person who carries on another business because of the application of one (but not more than one) of the following grouping principles— > > > > > (a) the exclusive ownership grouping principle (section 175O (2) (a) and (b)), > > > > > (b) the corporate grouping principle (section 175O (2) (c) and (d) and (3)), > > > > > (c) the common beneficiary grouping principle (section 175O (2) (e) and (f) and (5)–(8)). > > > (3) The Nominal Insurer must not make a determination under section 175E in respect of an employer referred to in subsection (1) (a) or (b) unless satisfied that the employer that is the subject of the determination has continuously carried on the business concerned, and will continue to carry on that business, substantially independently of the other member or members of the group. > > > (4) In determining whether an employer carries on business substantially independently of the other member or members of a group, the Nominal Insurer is to have regard to the nature and degree of ownership or control of the business of each member of the group, the nature of each of those businesses and any other matter that the Nominal Insurer considers relevant. > > **s 175F:** Ins 2006 No 25, Sch 1 \[7\]. Am 2007 No 21, Sch 4.5 \[3\] \[4\]; 2015 No 19, Sch 5 \[12\].