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TELECOMMUNICATIONS ACT 1997 - SECT 136D Costs--transactions between persons not at arm's length

TELECOMMUNICATIONS ACT 1997 - SECT 136D

Costs--transactions between persons not at arm's length

    If:

  (a)   a body or association has incurred a cost in connection with a transaction where the parties to the transaction are not dealing with each other at arm's length in relation to the transaction; and

  (b)   apart from this section, the cost is counted for the purposes of the application of this Division to the body or association; and

  (c)   the amount of the cost is greater than is reasonable;

the amount of the cost is taken, for the purposes of the application of this Division in relation to the body or association, to be the amount that would have been reasonable if the parties were dealing with each other at arm's length.

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