Document ID: chunk:federal_register_of_legislation:C2010C00679:section:1953:p7
Version: federal_register_of_legislation:C2010C00679
Segment Type: section
Provision Reference: s 1953 (pt 7/14)
Character Range: 153438–156241

which the Board is to have regard include, but
are not limited to:
  (a) the commercial environment in which the eligible government body
operates; and
  (b) whether there is a framework for the oversight of the operations, and
the monitoring of the performance, of the eligible government body and, if so,
the nature of that framework; and
  (c) the extent to which the eligible government body is:
    (i) bound by regulatory laws of the Commonwealth, the States and
the Territories; and
    (ii) subject to taxation and charges under the laws of the
Commonwealth, the States and the Territories; and
  (d) the extent of private sector equity investment (whether direct or
indirect through one or more interposed companies, partnerships or trusts) in
the eligible government body; and
  (e) if the eligible governmen body is established by or under a law of the
Commonwealth, a State or a Territory-the policies of the Commonwealth, the
State or the Territory, as the case requires, regarding the issue of the
extent to which the eligible government body should be treated as a fully
commercial entity.
(Tax-exempt bodies ineligible for entry on Register)
  "(4) The commercial government bodies guidelines must set out a criterion to
the effect that an eligible government body will not be entered on the
Register of Commercial Government Bodies with effect on a particular day if,
assuming that the body had derived income on that day, that income would have
been exempt from income tax because of a relevant exempting provision (within
the meaning of section l 60K of the Income Tax Assessment Act 1936).
(Guidelines to be disallowable)
  "(5) An instrument formulating commercial government bodies guidelines is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Applications for entry on the Register of Commercial Government Bodies
  "39HC.(1) An eligible government body may apply to the Board to be entered
on the Register of Commercial Government Bodies.
  "(2) The application must be:
  (a) in writing; and
  (b) in a form approved by the Board; and
  (c) accompanied by such information as the Board requires.
Board's decision on application for entry on Register of Commercial Government
Bodies
(Board's decision on application)
  "39HD.(1) After considering an application under section 39HC, the Board
must decide to:
  (a) grant the application; or
  (a) refuse the application.
(Board deemed to have refused application if no decision made within 90 days)
"(2) If the Board has not made a decision under subsection (1) before
whichever time ('eligible time') is the later of the following times:
  (a) the end of the period ('original 90-day period') of 90 days after the
day on which the application was received by the Board;
  (b) if the