Western Australian Current Acts Western Australian Current Acts (1) In determining, in
relation to an acquisition of an interest in an entity (the main entity ), the
entitlement to land assets of the main entity, or a linked entity in respect
of the main entity, the value of any fixed infrastructure access right to
which the main entity or linked entity is entitled is not to be taken into
account unless subsection (2) applies to the fixed infrastructure access
right.
(2) This subsection
applies to the fixed infrastructure access right if the main entity, or an
entity that is associated with the main entity under section 204D, is entitled
to any of the following —
(a)
fixed infrastructure ( relevant fixed infrastructure ) to which the fixed
infrastructure access right relates;
(b) an
estate or interest in relevant fixed infrastructure;
(c) a
fixed infrastructure control right that relates to relevant fixed
infrastructure.
(3) The entitlement
referred to in subsection (2) is to be determined —
(a) for
the main entity or an associated entity referred to in section 204D(2)(a), (b)
or (c) — when the acquisition referred to in subsection (1) of this
section occurs; or
(b) for
an associated entity referred to in section 204D(2)(d) or (e) — when the
acquisition referred to in section 204D(2)(d)(i) occurs.
(4) The value of a
fixed infrastructure access right that is to be taken into account for the
purposes of an acquisition because subsection (2) applies is to be taken into
account in relation to that acquisition even if that subsection does not
become applicable until after the acquisition occurs.
[Section 204A inserted: No. 12 of 2019 s. 100.]