Document ID: chunk:federal_register_of_legislation:C2025C00176:section:113:p2
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 113 (pt 2/3)
Character Range: 328968–331690

of part of the foreign country holds more than 50% of the voting power in the company;
 (iii) the government of the foreign country or of part of the foreign country is in a position to appoint more than 50% of the company's board of directors;
 (iv) the directors (however described) of the company are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the government of the foreign country or of part of the foreign country;
 (v) the government of the foreign country or of part of the foreign country is in a position to exercise control over the company; and
 (b) in the case of any other body or association—either or both of the following apply:
 (i) the members of the executive committee (however described) of the body or association are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the government of the foreign country or of part of the foreign country;
 (ii) the government of the foreign country or of part of the foreign country is in a position to exercise control over the body or association; and
 (c) the company, body or association:
 (i) enjoys special legal rights or a special legal status under a law of the foreign country or of part of the foreign country; or
 (ii) enjoys special benefits or privileges under a law of the foreign country or of part of the foreign country;
  because of the relationship of the company, body or association with the government of the foreign country or of the part of the foreign country, as the case may be.
relevant foreign country means a foreign country other than a foreign country covered by an instrument in force under subsection 115(3).
reviewable decision: see subsection 115K(9).
training means any training:
 (a) whether for reward or otherwise; and
 (b) whether provided in a personal capacity or in any other capacity, including:
 (i) as an agent, officer or employee of a body corporate incorporated within or outside Australia; or
 (ii) in, or with, any partnership, trust, association, organisation or other body established, formed or created within or outside Australia; and
 (c) whether regular or irregular training; and
 (d) whether formal or informal instruction.
work means any work (including the provision of training):
 (a) whether for reward or otherwise; and
 (b) whether performed in a personal capacity or in any other capacity, including:
 (i) as an agent, officer or employee of a body corporate incorporated within or outside Australia; or
 (ii) in, or with, any partnership, trust, association, organisation or other body established, formed or created within or