PETROLEUM RESOURCE RENT TAX ASSESSMENT ACT 1987

PART II - INTERPRETATION  

SECTION 2B   GROUP COMPANIES, SUBSIDIARIES, BASIC COMPANY GROUPS AND OVERALL COMPANY GROUPS   Group company - period

2B(1)  
For the purposes of this Act, a company is a group company in relation to another company and a period if:


(a) one of the companies was a subsidiary of the other company; or


(b) each of the companies was a subsidiary of the same company;

at all times during so much of the period during which both companies were in existence.

Group company - time

2B(1A)  
For the purposes of this Act, a company is a group company in relation to another company at a particular time if, at that time:


(a) one of the companies was a subsidiary of the other company; or


(b) each of the companies was a subsidiary of the same company.

Subsidiary

2B(2)  
For the purposes of this Act, a company (in this subsection called the subsidiary company ) is a subsidiary of another company (in this subsection called the holding company ) at a particular time if, at that time:


(a) all the shares in the subsidiary company are beneficially owned by:


(i) the holding company; or

(ii) a company that is, or 2 or more companies each of which is, a subsidiary of the holding company; or

(iii) the holding company and a company that is, or 2 or more companies each of which is, a subsidiary of the holding company; and


(b) there is no agreement, arrangement or understanding in force under which any person is able, or would be able after that time, to affect rights of the holding company or of a subsidiary of the holding company in relation to the subsidiary company.

2B(3)  
For the purposes of this Act, where a company is a subsidiary of another company (including a company that is such a subsidiary by virtue of another application or other applications of this subsection), every company that is a subsidiary of the first-mentioned company is also a subsidiary of the other company.

2B(4)  
For the purposes of subsection (2), a person is taken to be able to affect rights of a company in relation to another company if the person has a right, power or option (whether because of any provision in the constituent document of either of those companies or because of any agreement or instrument or otherwise) to acquire those rights or do an act or thing that would prevent the first-mentioned company from exercising those rights for its own benefit or receiving any benefits occurring because of those rights. Basic company group

2B(4A)  
For the purposes of this Act, a basic company group is a group of companies, where each company in the group is a group company in relation to each other company in the group.

Overall company group

2B(4B)  
For the purposes of this Act, an overall company group is a basic company group that is not a subset of any other basic company group.

When company in existence

2B(5)  


For the purposes of this section, a company is taken to be in existence if it has been incorporated and has not been dissolved.

2B(6)  
(Repealed by No 78 of 2006)

2B(7)  
(Repealed by No 78 of 2006)




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