Document ID: chunk:federal_register_of_legislation:C2005A00147:clause:1_79:p21
Version: federal_register_of_legislation:C2005A00147
Segment Type: clause
Provision Reference: sch 1 cl 79 (pt 21/25)
Character Range: 83232–85894

have the right to receive for their own benefit (whether directly, or *indirectly through one or more interposed entities):
 (i) any *dividends that the tested company may pay in respect of each *dividend stake in the tested company mentioned in that section; and
 (ii) any distributions of capital of the tested company in respect of each *capital stake in the tested company mentioned in that section;
  had not had that right.

166‑270  Single notional entity stakeholders taken to have minimum voting control, dividend rights and capital rights

Minimum control of voting power

 (1) If:
 (a) the *ownership test time is after the start of the *test period; and
 (b) a single notional entity mentioned in section 166‑225 or 166‑255 has voting power in a company; and
 (c) the voting power that the entity has at the ownership test time is greater than the voting power that the entity had at the start of the test period;
then the entity is taken to have voting power in the company at the ownership test time only to the extent that it had it at the start of the test period.

Minimum percentage of rights to dividends and capital

 (2) If:
 (a) the *ownership test time is after the start of the *test period; and
 (b) a single notional entity mentioned in section 166‑225 or 166‑255 has a percentage of rights to the *dividends or distributions of capital of a company; and
 (c) the percentage that the entity has rights to at the ownership test time is greater than the percentage (the lower percentage) of the dividends or distributions of capital of the company that the entity had rights to at the start of the test period;
then the entity is taken to have rights to the lower percentage of the dividends or distributions of capital at the ownership test time.

166‑272  Same shares or interests to be held

Application

 (1) This section modifies how the ownership tests in section 166‑145 are applied to a *voting stake, a *dividend stake or a *capital stake in the tested company held by one of the following entities (the stakeholder):
 (a) a top interposed entity mentioned in section 166‑230 (which is about indirect stakes of less than 10%);
 (b) a *widely held company mentioned in section 166‑240;
 (c) an entity mentioned in subsection 166‑245(2) (which is about stakes held by other entities);
 (d) a *depository entity mentioned in section 166‑260;
(whether directly, or *indirectly through one or more interposed entities).

Exactly the same shares or interests must continue to be held

 (2) For the purpose of determining whether the tested company has satisfied a condition or whether a time is a changeover time or an alteration