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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 84 Financial control transfer test

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 84

Financial control transfer test

                   A person (the first person ) passes the financial control transfer test in relation to a facility if:

                     (a)  the facility is under the operational control of another person (the operator ); and

                     (b)  the first person has financial control over the facility; and

                     (c)  the first person is not an individual; and

                     (d)  the first person is not a foreign person; and

                     (e)  if the first person is a member of a controlling corporation's group--the operator is not a member of the group.

Note:          For financial control , see section 92.