Document ID: chunk:federal_register_of_legislation:C2010C00690:clause:1_6:p11
Version: federal_register_of_legislation:C2010C00690
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 11/26)
Character Range: 201114–203775

in paragraph 719‑40(1)(b);
 (b) the companies specified in the notice under paragraph 719‑40(1)(e).
This subsection has effect subject to subsection (4) (which deals with new eligible tier‑1 members).

New eligible tier‑1 members of a MEC group

 (4) If:
 (a) a MEC group consists of the members of a potential MEC group derived from one or more eligible tier‑1 companies of a top company; and
 (b) at a particular time after the MEC group came into existence, one or more other companies become eligible tier‑1 companies of the top company; and
 (c) within the applicable period worked out under subsection (6), the *provisional head company of the MEC group gives the Commissioner a written notice, in the *approved form:
 (i) specifying one or more of the companies mentioned in paragraph (b); and
 (ii) stating that the specified companies are to become members of the MEC group with effect from that time; and
 (d) either:
 (i) the specified companies were not members of another MEC group immediately before that time; or
 (ii) the specified companies were members of another MEC group immediately before that time, and each eligible tier‑1 company in that other MEC group is specified in the notice under paragraph (c) or not mentioned in paragraph (b);
then, with effect from that time, the MEC group mentioned in paragraph (a) is taken to consist of the potential MEC group derived from time to time from whichever one or more of the following companies continue to be eligible tier‑1 companies of the top company:
 (e) the companies mentioned in paragraph (a);
 (f) the companies specified in the notice under paragraph (c).

 (5) To avoid doubt, paragraph (4)(a) applies to a MEC group even if the composition of the group has been worked out because of one or more previous applications of subsection (4).

 (6) For the purposes of paragraph (4)(c), if:
 (a) subsection 719‑75(1), (2) or (3) would apply to the *MEC group concerned in relation to the *income year of a company in which the time mentioned in paragraph (4)(b) occurred; and
 (b) in a case where subsection 719‑75(1) or (2) applies—the company will be the *head company of the group as at the end of the income year; and
 (c) in a case where subsection 719‑75(3) applies—the company will be the *head company of the group immediately before the group ceased to exist;
the applicable period is:
 (d) if the company is required to give the Commissioner an *income tax return for the income year in which the time mentioned in paragraph (4)(b) occurred—the period:
 (i) beginning at that time; and
 (ii) ending on the day on which the company gives that return; or
 (e) if the company is