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CORPORATIONS ACT 2001 - SECT 50AA
(1) For the purposes of this Act, an entity controls a second entity if the
first entity has the capacity to determine the outcome of decisions about the
second entity's financial and operating policies.
(2) In determining whether the first entity has this capacity:
practical influence the first entity can exert (rather than the rights it can
enforce) is the issue to be considered; and
- any practice or pattern of behaviour affecting the second entity's
financial or operating policies is to be taken into account (even if it
involves a breach of an agreement or a breach of trust).
(3) The first entity does not control the second entity merely because the
first entity and a third entity jointly have the capacity to determine the
outcome of decisions about the second entity's financial and operating
(4) If the first entity:
- has the capacity to influence decisions about
the second entity's financial and operating policies; and
- is under a legal obligation to exercise that capacity for the benefit of
someone other than the first entity's members;
the first entity is taken not to control the second entity.
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