Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:2_1:p7
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 7/17)
Character Range: 68199–70968

(b) that came into force for any company;
would have ceased to be in force if that first registration had continued in force for its full 10‑year period.

If the activity is similar to another registered activity
 (6) Despite subsections (1), (4) and (5), if the *Industry Secretary decides that:
 (a) the company's *registered CMPTI processing activity (the current activity) is similar to another activity that is or was a registered CMPTI processing activity of any company; and
 (b) the registration of the other activity is the first to have come into force;
then:
 (c) unless paragraph (d) applies—the registration of the current activity ceases to be in force at the same time that the registration of the other activity ceases to be in force; or
 (d) if the registration of the other activity has already ceased to be in force—the current activity is taken, for the purposes of this Division, never to have been registered for the company and any income year.
 (7) The *Industry Secretary must take the following into account in deciding under subsection (6) whether an activity is similar to another activity:
 (a) the extent to which the assets and facilities used in carrying on one activity are used in carrying on the other activity;
 (b) the extent to which the processes and operations undertaken as part of one activity are the same as those undertaken as part of the other activity;
 (c) the extent of similarity between the inputs to and outputs of the activities;
 (d) if the activities are carried on by different companies, the nature of any arrangements between those companies in respect of the activities;
 (e) it is irrelevant if the other activity is no longer being carried on;
 (f) any other criteria prescribed by the regulations.

The 10‑year registration period is subject to revocation
 (8) Nothing in this section prevents a company's registration from being revoked under section 419‑70.

419‑55  Transferring a registration
 (1) This section applies if a *constitutional corporation (the acquirer):
 (a) acquires one or more of the facilities used in carrying on an activity that is a *registered CMPTI processing activity for another company (the disposer); and
 (b) the acquirer commences carrying on the activity at those facilities at or after:
 (i) the time the disposer ceases carrying on the activity at those facilities; and
 (ii) the time the disposer's registration of the activity comes into force (see section 419‑50); and
 (c) the acquirer seeks a transfer of the registration of the activity after the day of the acquisition.
Note 1: Transferring the registration will not re‑start the maximum 10‑year period that the activity can be registered (see subsections 419‑50(4) and (5)).
Note 2: If the disposer's registration