Part 1 Preliminary
Division 2 Definitions
Section 8A
8A Meaning of influence or control
(1) An entity is in a position to directly or indirectly influence or
control an asset if:
(a) the entity is in a position to exercise voting or veto rights in
relation to the body that governs the asset; or
(b) the entity is in a position to make decisions that materially
impact on the running of, or strategic direction in relation to,
the asset; or
(c) the entity has the ability to appoint:
(i) persons to the body that governs the asset; or
(ii) key personnel involved in running the asset; or
(d) the entity is in a position to influence or determine decisions
relating to:
(i) the business plan, or any other management plan, for the
asset; or
(ii) major expenditure relating to the asset; or
(iii) major contracts or transactions involving the asset; or
(iv) major loans involving the asset.
Note:
For interests held by trusts, partnerships, superannuation funds and
unincorporated foreign companies, see section 53A.
(2) An entity (the controlling entity) is in a position to directly or
indirectly influence or control another entity (the controlled
entity) if the controlling entity:
(a) is in a position to exercise voting or veto rights in relation to
the controlled entity; or
(b) is in a position to make decisions that materially impact on
the running of, or strategic direction of, the controlled entity;
or
(c) has the ability to appoint persons to the board of the
controlled entity; or
(d) is in a position to influence or determine decisions relating
to:
(i) the business plan, or any other management plan, for the
controlled entity; or
(ii) major expenditure relating to the controlled entity; or
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Security of Critical Infrastructure Act 2018
Authorised Version C2018A00029
No. 29, 2018