Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p9
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 9/46)
Character Range: 3076027–3078725

(e) the company is or becomes:
 (i) a Chapter 5 body corporate within the meaning of the Corporations Act 2001; or
 (ii) an entity with a similar status under a *foreign law to a Chapter 5 body corporate; or
 (f) either:
 (i) a provisional liquidator is appointed to the company under section 472 of the Corporations Act 2001; or
 (ii) a person with a similar status under a foreign law to a provisional liquidator is appointed to the company.
Note 1: For a primary test, see subsections 165‑150(1), 165‑155(1) and 165‑160(1).
Note 2: For an alternative test, see subsections 165‑150(2), 165‑155(2) and 165‑160(2).
 (2) For the purposes of a primary test or an alternative test, a company (the stakeholding company) is not prevented from:
 (a) beneficially owning *shares in another company, or any other interest in another entity; or
 (b) having the right to exercise, controlling, or being able to control, voting power in another company or any other entity; or
 (c) having the right to receive any *dividends that another company or any other entity may pay; or
 (d) having the right to receive any distribution of capital of another company or of any other entity;
merely because:
 (e) the stakeholding company is or becomes:
 (i) a Chapter 5 body corporate within the meaning of the Corporations Act 2001; or
 (ii) an entity with a similar status under a *foreign law to a Chapter 5 body corporate; or
 (f) either:
 (i) a provisional liquidator is appointed to the stakeholding company under section 472 of the Corporations Act 2001; or
 (ii) a person with a similar status under a foreign law to a provisional liquidator is appointed to the stakeholding company.

165‑209  Dual listed companies
  Section 165‑150 does not apply to *shares that are *dual listed company voting shares.

Subdivision 165‑E—Business continuity test

165‑210  The business continuity test—carrying on the same business
 (1) A company satisfies the business continuity test if throughout the *business continuity test period it carries on the same *business as it carried on immediately before the *test time.
 (2) However, the company does not satisfy the *business continuity test under this section if, at any time during the *business continuity test period, it *derives assessable income from:
 (a) a *business of a kind that it did not carry on before the *test time; or
 (b) a transaction of a kind that it had not entered into in the course of its business operations before the *test time.
 (3) The company also does not satisfy the *business continuity test under this section if, before the *test time, it:
 (a) started to carry on a *business it had not previously carried on; or
 (b) in the course of