Commonwealth Consolidated Acts

NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 22R

  (1)   For the purposes of this Act, if a corporation (the operator ) has operational control over a facility, another corporation (the second corporation ) has financial control over the facility if:

  (a)   under a contract between:

  (i)   the operator; and

  (ii)   the second corporation;

    the operator operates the facility on behalf of the second corporation; or

  (b)   under a contract between:

  (i)   the operator; and

  (ii)   the second corporation and one or more other persons;

    the operator operates the facility on behalf of the second corporation and those other persons; or

  (c)   the second corporation is able to control the trading or financial relationships of the operator in relation to the facility; or

  (d)   the second corporation has the economic benefits from the facility; or

  (e)   all of the following conditions are satisfied:

  (i)   the second corporation is a participant in a joint venture;

  (ii)   there is one other participant in the joint venture;

  (iii)   the second corporation shares the economic benefits from the facility with the other participant;

  (iv)   the second corporation's share equals or exceeds the share of the other participant; or

  (f)   all of the following conditions are satisfied:

  (i)   the second corporation is a participant in a joint venture;

  (ii)   there are 2 or more other participants in the joint venture;

  (iii)   the second corporation shares the economic benefits from the facility with the other participants;

  (iv)   no other participant has a share that exceeds the share of the second corporation; or

  (g)   all of the following conditions are satisfied:

  (i)   the second corporation is a partner in a partnership;

  (ii)   there is one other partner in the partnership;

  (iii)   the second corporation shares the economic benefits from the facility with the other partner;

  (iv)   the second corporation's share equals or exceeds the share of the other partner; or

  (h)   all of the following conditions are satisfied:

  (i)   the second corporation is a partner in a partnership;

  (ii)   there are 2 or more other partners in the partnership;

  (iii)   the second corporation shares the economic benefits from the facility with the other partners;

  (iv)   no other partner has a share that exceeds the share of the second corporation; or

  (i)   the second corporation is able to direct or sell the output of the facility; or

  (j)   under the regulations, the second corporation is taken to have financial control over the facility.

  (2)   In determining whether the second corporation has that financial control, regard must be had to the economic and commercial substance of the matters mentioned in subsection   (1).