Document ID: chunk:federal_register_of_legislation:C2024C00492:section:44:p14
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 44 (pt 14/41)
Character Range: 812581–815321

a subsidiary, of a body corporate includes a reference to being a subsidiary, or to a body corporate that is a subsidiary, as the case may be, of the first‑mentioned body by virtue of any other application or applications of this Division.

689‑20  Related bodies corporate
  If a body corporate is:
 (a) a holding body corporate of another body corporate; or
 (b) a subsidiary of another body corporate; or
 (c) a subsidiary of a holding body corporate of another body corporate;
the first‑mentioned body and the other body are related to each other.

689‑25  Control
 (1) For the purposes of this Act, an entity controls a second entity if the first entity has the capacity to determine the outcome of decisions about the second entity's financial and operating policies.
 (2) In determining whether the first entity has this capacity:
 (a) the practical influence the first entity can exert (rather than the rights it can enforce) is the issue to be considered; and
 (b) any practice or pattern of behaviour affecting the second entity's financial or operating policies is to be taken into account (even if it involves a breach of an agreement or a breach of trust).
 (3) The first entity does not control the second entity merely because the first entity and a third entity jointly have the capacity to determine the outcome of decisions about the second entity's financial and operating policies.
 (4) If the first entity:
 (a) has the capacity to influence decisions about the second entity's financial and operating policies; and
 (b) is under a legal obligation to exercise that capacity for the benefit of someone other than the first entity's members;
the first entity is taken not to control the second entity.
 (5) If the first entity is a common law holder of native title and the second entity is a registered native title body corporate, the first entity does not control the second entity merely because the second entity complies with a Native Title legislation obligation.

Part 17‑2—Interpretation of other expressions

Division 694—Interpretation of other expressions

694‑1  Giving information
  A reference in this Act to giving information includes a reference to:
 (a) explaining or stating a matter; or
 (b) identifying a person, matter or thing; or
 (c) disclosing information; or
 (d) answering a question.

694‑5  Doing acts
  A reference to doing an act or thing includes a reference to causing or authorising the act or thing to be done.

694‑10  Signing
  Without affecting the law on agency, if this Act requires that something be signed, it can be signed by an individual using a power of attorney from the person required to sign.

694‑15  Business affairs of a body corporate
  A body corporate's business