Document ID: chunk:federal_register_of_legislation:C2015C00555:section:3:p4
Version: federal_register_of_legislation:C2015C00555
Segment Type: section
Provision Reference: s 3 (pt 4/4)
Character Range: 9777–12075

could have been, the subject of a James Hardie investigation.
Note: If a body corporate was at any time related to, a related party of, or controlled by, James Hardie Industries NV or ABN 60 Pty Ltd, then it is still part of the James Hardie Group.
James Hardie Special Commission of Inquiry has the meaning given by subsection 3(1) of the Special Commission of Inquiry (James Hardie Records) Act 2004 (NSW).
James Hardie Special Commission of Inquiry hearing means a hearing held by the James Hardie Special Commission of Inquiry.
James Hardie Special Commission of Inquiry report means the Report of the Special Commission of Inquiry into the Medical Research and Compensation Foundation dated September 2004.
legal professional privilege includes privilege under Division 1 of Part 3.10 of the Evidence Act 1995, or a similar law of a State or Territory.
MRCF means Medical Research and Compensation Foundation (ACN 095 924 137).
MRCF Investments means Medical Research and Compensation Foundation Investments Pty Ltd (ACN 095 026 837).
MRCF Trust means the Medical Research and Compensation Foundation Trust that was established in February 2001.
professional adviser includes:
 (a) a legal adviser; and
 (b) an accountant; and
 (c) a financial adviser; and
 (d) an auditor; and
 (e) an actuary.
professional confidential relationship privilege means privilege under Division 1A of Part 3.10 of the Evidence Act 1995 (NSW) or a similar law of a State or Territory.
record has the meaning given by subsection 3(1) of the Special Commission of Inquiry (James Hardie Records) Act 2004 (NSW).
subsidiary has the meaning given by section 9 of the Corporations Act 2001.

Meaning of related to
 (2) For the purposes of paragraph (j) of the definition of James Hardie Group in subsection (1), the question whether a body corporate is, or was, related to another body corporate is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.

Meaning of controlled by
 (3) For the purposes of paragraph (l) of the definition of James Hardie Group in subsection (1), the question whether a body corporate is, or was, controlled by another body corporate is to be determined in accordance with the principles set out in section 50AA of the Corporations Act 2001.