Document ID: chunk:federal_register_of_legislation:C2011A00120:clause:1_219ga:p1
Version: federal_register_of_legislation:C2011A00120
Segment Type: clause
Provision Reference: sch 1 cl 219GA (pt 1/2)
Character Range: 4544–7188

219GA  Secretary may require financial information relating to large long day care centre operators
 (1) For the purposes of determining whether a large long day care centre operator is financially viable, and likely to remain so, the Secretary may, by notice in writing, require a person mentioned in subsection (2) to provide financial information in relation to a financial year if the Secretary has reason to believe that the person is capable of giving the information.
 (2) For the purposes of subsection (1), the Secretary may give a notice to the following persons:
 (a) the operator;
 (b) a person who, at any time during the financial year, owns 15% or more of:
 (i) the operator; or
 (ii) if the operator consists of more than one person—any of those persons;
 (c) a person who, at any time during the financial year, is entitled to receive 15% or more of the dividends paid by:
 (i) the operator; or
 (ii) if the operator consists of more than one person—any of those persons;
 (d) a person who, at any time during the financial year, is owed a debt by the operator;
 (e) a person who:
 (i) acts, or is accustomed to act; or
 (ii) under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;
  in accordance with the directions, instructions or wishes of, or in concert with:
 (iii) the operator; or
 (iv) if the operator consists of more than one person—any of those persons;
 (f) a person who directs or instructs:
 (i) the operator; or
 (ii) if the operator consists of more than one person—any of those persons;
  to act in accordance with those directions or instructions;
 (g) a person, if:
 (i) the operator; or
 (ii) if the operator consists of more than one person—any of those persons;
  acts, or is accustomed to act, so as to give effect to the first‑mentioned person's wishes;
 (h) a person with whom:
 (i) the operator; or
 (ii) if the operator consists of more than one person—any of those persons;
  acts, or is accustomed to act, in concert;
 (i) a person, if:
 (i) the operator; or
 (ii) if the operator consists of more than one person—any of those persons;
  is intended or expected to act under a contract or an arrangement or understanding (whether formal or informal) so as to give effect to the first‑mentioned person's directions, instructions or wishes;
 (j) a person with whom:
 (i) the operator; or
 (ii) if the operator consists of more than one person—any of those persons;
  is intended or expected to act in concert under a contract or an arrangement or understanding (whether formal or informal).
 (3) The Secretary's notice must specify:
 (a) the