Document ID: chunk:federal_register_of_legislation:C2004A05288:clause:1_109
Version: federal_register_of_legislation:C2004A05288
Segment Type: clause
Provision Reference: sch 1 cl 109
Character Range: 68947–69552

109  After subsection 78(3)
Insert:

 (3A) For the purposes of the application of subsection (1) to nominated company A, if nominated company A:
 (a) borrows money under subsection 77A(1); and
 (b) on-lends that money to nominated company B;
a particular amount is taken not to be money available to nominated company A for the discharging of the liability to repay the first-mentioned borrowing unless:
 (c) the amount consists of the repayment by nominated company B of the money on‑lent to it; or
 (d) the amount consists of interest paid by nominated company B in respect of the money on‑lent to it.