Document ID: chunk:federal_register_of_legislation:F2015L00842:reg:5:p3
Version: federal_register_of_legislation:F2015L00842
Segment Type: reg
Provision Reference: reg 5 (pt 3/3)
Character Range: 8240–9723

non‑participating person for the whole of an eligible revenue period if the entity:
          (a) is not:
            (i) a participating person; or
            (ii) a consolidated related party of a participating person or a non‑participating person; and
          (b) is owned, at any time during the eligible revenue period, by a body that owns the non‑participating person at any time during the eligible revenue period; and
          (c) has telecommunications sales revenue in Australia at any time during the eligible revenue period.
 (2) An entity is a declared related party of a non‑participating person for any part of an eligible revenue period during which the entity:
          (a) is not:
            (i) a carrier; or
            (ii) a consolidated related party of a participating person or a non‑participating person; or
            (iii) a participating carriage service provider; and
          (b) is owned by a body that owns the non‑participating person at any time during the eligible revenue period; and
          (c) has telecommunications sales revenue in Australia.
 (3) For subsections (1) and (2):
          (a) a body owns a declared related party or a non‑participating person if the body has company interests of more than 49% in the declared related party or non‑participating person; and
          (b) company interests may be traced in the same way as company interests may be traced for Part 4 of Schedule 1 to the Broadcasting Services Act 1992.