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NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 (NO. 175, 2007) - SECT 8

Group and members of a group

             (1)  A controlling corporation's group consists of the following entities:

                     (a)  the controlling corporation;

                     (b)  the controlling corporation's subsidiaries covered by subsection (3) (if any);

                     (c)  the joint ventures covered by subsection (4) (if any);

                     (d)  the partnerships covered by subsection (5) (if any).

However, paragraph (b) does not apply if the controlling corporation is not incorporated in Australia.

             (2)  The members of the group are the entities mentioned in subsection (1) (other than the controlling corporation's subsidiaries if the controlling corporation is not incorporated in Australia).

             (3)  A subsidiary of the controlling corporation is covered by this section unless:

                     (a)  the subsidiary is also a subsidiary of another body corporate because the other body corporate meets the requirement in subparagraph 46(a)(i) or (ii) of the Corporations Act 2001 in relation to the subsidiary; and

                     (b)  the other body corporate is not a member of the group (including by reason of a previous operation of this subsection).

             (4)  A joint venture is covered by this subsection if a member of the group (other than a joint venture or partnership) is a participant in the joint venture and the participants in the joint venture have either:

                     (a)  nominated that member as the responsible entity for the joint venture in accordance with regulations made for the purposes of subsection (6); or

                     (b)  not nominated an entity as the responsible entity for the joint venture in accordance with those regulations.

             (5)  A partnership is covered by this subsection if a member of the group (other than a joint venture or partnership) is a partner in the partnership and the partners in the partnership have either:

                     (a)  nominated that member as the responsible entity for the partnership in accordance with regulations made for the purposes of subsection (6); or

                     (b)  not nominated an entity as the responsible entity for the partnership in accordance with those regulations.

             (6)  The regulations may establish rules under which:

                     (a)  participants in a joint venture may make, and revoke, nominations for the purposes of subsection (4); and

                     (b)  partners in a partnership may make, and revoke, nominations for the purposes of subsection (5).



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