Document ID: chunk:federal_register_of_legislation:C2010C00615:clause:1_18:p6
Version: federal_register_of_legislation:C2010C00615
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 6/23)
Character Range: 35125–37850

to be applied.

Note: For the primary test see subsections 165‑150(1), 165‑155(1) and 165‑160(1).

 (4) Apply the alternative test if one or more other companies beneficially owned *shares or interests in shares in the company at the reference time.

Note: For the alternative test see subsections 165‑150(2), 165‑155(2) and 165‑160(2).

165‑115M  Alteration time—alteration in control of company

 (1) A time (the test time) is also an alteration time in respect of a company if, at the test time:
 (a) a person or persons who did not control, and were not able to control, the voting power in the company at the reference time began to control, or became able to control, that voting power immediately after the test time; and
 (b) that person or those persons so began, or became able, to control that voting power for the purpose of:
 (i) getting some benefit or advantage in relation to how this Act applies; or
 (ii) getting such a benefit or advantage for someone else;
  or for purposes including that purpose.

 (2) The reference time is:
 (a) if no alteration time occurred in respect of the company before the *test time—the commencement time; or
 (b) otherwise—the time immediately after the last alteration time.

 (3) In this section:

control of the voting power in a company means control of that voting power either directly, or indirectly through one or more interposed entities.

165‑115N  Alteration time—declaration by liquidator

  If the liquidator of a company makes a declaration referred to in section 104‑145, the time of the declaration is also an alteration time in respect of the company.

165‑115P  Notional alteration time—disposal of interests in company within 12 months before alteration time

 (1) This section applies if:
 (a) an alteration time occurs in respect of a *loss company; and
 (b) an entity *disposed of an interest in the company (an equity) or a debt (a debt) at a time (the disposal time) within 12 months before the alteration time but not earlier than the commencement time; and
 (c) immediately before the disposal time, the entity had a relevant equity interest or a relevant debt interest in the company that included the equity or debt, or would have had such an interest if any previous disposals of interests or debts by the entity had not occurred; and
 (d) immediately before the alteration time, the entity had a relevant equity interest or a relevant debt interest in the company, or would have had such an interest if any previous disposals of interests or debts by the entity had not occurred.

 (2) The references in paragraphs (1)(c) and (d) to previous *disposals of interests or debts by the entity are references to:
 (a) previous disposals within the