Document ID: chunk:federal_register_of_legislation:F2024C00940:reg:11
Version: federal_register_of_legislation:F2024C00940
Segment Type: reg
Provision Reference: reg 11
Character Range: 105414–107386

11                                              Whether the entity has the right to hire and dismiss employees and to fix the salaries of employees.

 (2) In assessing whether there is significant interference for paragraph (b) of item 1 in the table in subsection (1), the Minister must have regard to the following:
 (a) whether a genuinely private company or party holds the majority shareholding in the entity;
 (b) if officials of a government of the country of export hold positions on the board of the entity—whether those officials are a minority of the members of the board;
 (c) if officials of a government of the country of export hold significant management positions within the entity—whether those officials are a minority of the persons holding significant management positions;
 (d) whether the entity's ability to carry on business activities in the country of export is affected by:
 (i) a restriction on selling in the domestic market; or
 (ii) the potential for the right to do business being withdrawn other than under contractual terms; or
 (iii) if the entity is a joint‑venture in which one of the parties is a foreign person, or is carried on in the form of such a joint‑venture—the ability of the foreign person to export profits and repatriate capital invested;
 (e) whether the entity's significant production inputs (including raw materials, labour, energy and technology) are supplied:
 (i) by enterprises that are owned or controlled by a government of the country of export; and
 (ii) at prices that do not substantially reflect conditions found in a market economy.
 (3) In this section:
entity, in relation to goods, means:
 (a) the exporter of the exported goods mentioned in subsection 269TAC(5D) of the Act; or
 (b) if the exporter of the goods is not the producer of the goods, but the goods are produced in the country of export—the producer of the goods.
government, of a country, includes any level of government of the country.