Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 167.85

Different method for working out voting power

  (1)   An entity may choose whether voting power in the company at a particular time is worked out solely by reference to:

  (a)   the maximum number of votes that could be cast on a poll on the election of a director of the company, if such a poll were to be held at that time; or

  (b)   the maximum number of votes that could be cast on a poll on an amendment to the company's * constitution, other than an amendment altering:

  (i)   the rights carried by any of the company's * shares; or

  (ii)   other forms of voting power in the company;

    if such a poll were to be held at that time.

  (2)   The way the entity prepares its * income tax return is sufficient evidence of it making a choice under subsection   (1).


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