Western Australian Current Acts

DUTIES ACT 2008 - SECT 156

156 .         Which entities are linked to an entity

        (1)         This section applies where it is necessary to determine in relation to an acquisition of an interest in an entity (the main entity ) whether there is any other entity that is linked to the entity for the purposes of section 155.

        (2)         Each entity (a linked entity ) below the main entity in a linkage chain that exists immediately before the acquisition is linked to the main entity.

        (3)         A linkage chain exists if a series of entities starting with the main entity are successively linked to one another.

        (4)         An entity is linked to another entity if —

            (a)         where the other entity is a listed corporation or a listed unit trust scheme — it has an interest in the other entity of at least 90%; or

            (b)         in any other case — it has a total direct or indirect interest in the other entity, calculated under section 154A, of at least 50%.

        [(5), (6)         deleted]

        (7)         A series of entities under subsection (3) may consist of the main entity and one other entity to which it is linked as mentioned in subsection (4).

        [(8)         deleted]

        [Section 156 amended: No. 1 of 2015 s. 25; No. 12 of 2019 s. 66.]