Document ID: chunk:federal_register_of_legislation:C2004A04733:body:0:p2
Version: federal_register_of_legislation:C2004A04733
Segment Type: other
Provision Reference: 
Character Range: 2966–5732

that year;

     'entity' means a person as defined by:

      (a) the definition of 'person' in this section; and

      (b) section 11A;

    but does not include a body politic;

     'training guarantee excess' has the meaning given by section 14A;

    Note: Sections 15A and 15D provide for how a training guarantee excess is to be applied.".

  4. After section 4 of the Principal Act the following section is inserted:

Interpretation—meaning of "business group"

  "4AA.(1) For the purposes of this Act, a business group consists of:

     (a) a corporation and all corporations that are its subsidiaries (whether or not the corporation is itself a subsidiary of some other corporation); or

  (b) the following entities:

      (i) an entity that controls another entity; and

      (ii) each entity that the first-mentioned entity controls;

     whether or not the first-mentioned entity is itself controlled by some other entity.

"(2) For the purposes of this Act, the question whether one corporation is a subsidiary of another is to be determined in the same way as the question whether one corporation (within the meaning of the Corporations Law) is a subsidiary of another is determined under that Law.

"(3) For the purposes of this Act as it applies in relation to a year ('the relevant year') the question whether one entity controls another is to be determined in the same way as the question whether one Part 3.6 entity controls another is determined for the purposes of Part 3.6 of the Corporations Law.

   Note: Section 294B of the Corporations Law provides for when one Part 3.6 entity is taken to control another for the purposes of Part 3.6 of that Law.

  "(4) In this section:

'company' has the same meaning as in the Corporations Law;

'financial year' has the same meaning as in the Corporations Law;

'Part 3.6 of the Corporations Law' means that Part as it applies in relation to a company in relation to a financial year ending on 30 June in the relevant year;

'Part 3.6 entity' means an entity within the meaning of Part 3.6 of the Corporations Law.".

Interpretation—meaning of "minimum allowable apprentice or trainee amount"

  5. Section 6 of the Principal Act is amended:

     (a) by omitting from paragraph (b) "for a later year" and substituting "for a year commencing after 1 July 1990 but before 1 July 1993";

  (b) by adding at the end the following word and paragraphs:

     "; and (c) for the year commencing on 1 July 1993—$2,260; and

           (d) for a later year—the amount calculated in relation to the year using the formula:

Election by members of business group

  6. Section 12 of the Principal Act is amended:

    (a) by omitting subsections (1) and (2) and substituting the following subsections: