Document ID: chunk:federal_register_of_legislation:C2012C00919:clause:1_15
Version: federal_register_of_legislation:C2012C00919
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 23009–23737

15  Subsection 109R(2)
Repeal the subsection, substitute:
 (2) A payment must not be taken into account if:
 (a) a reasonable person would conclude (having regard to all the circumstances) that, when the payment was made, the entity intended to obtain a loan or loans from the private company of a total amount similar to, or larger than, the payment; or
 (b) both of the following subparagraphs apply:
 (i) the entity obtained, before the payment was made, a loan or loans from the private company of a total amount similar to, or larger than, the amount of the payment;
 (ii) a reasonable person would conclude (having regard to all the circumstances) that the entity obtained the loan or loans in order to make the payment.