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COMMONWEALTHAct
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s 22K

Application for reporting transfer certificate

In force
Part 3EReporting obligations of holders of reporting transfer certificates
Division 2Reporting transfer certificates

22K Application for reporting transfer certificate

Scope

(1)

This section applies if a corporation passes the reporting transfer test in relation to a facility.

Application

(2)

The corporation may apply to the Regulator for the issue to the corporation of a reporting transfer certificate in relation to the facility.

(3)

The corporation is not entitled to make an application unless the corporation has the written consent of the controlling corporation mentioned in paragraph 22J(f).

(4)

If:

(a)

the corporation is a member of a controlling corporation’s group; and

(b)

the corporation is not the controlling corporation;

the corporation is not entitled to make an application unless the corporation has the written consent of the controlling corporation.

Form of application

(5)

An application must:

(a)

be in writing; and

(b)

be in a form approved by the Regulator; and

(c)

set out such information as is specified in the form; and

(d)

be accompanied by:

(i)

the consent of the controlling corporation mentioned in paragraph 22J(f) to the making of the application; and

(ii)

if subsection (4) applies—the consent of the controlling corporation mentioned in that subsection to the making of the application; and

(iii)

a written statement, signed by an executive officer of the transferor corporation mentioned in section 22J, to the effect that the transferor corporation has agreed to give the applicant such information as is necessary for the applicant to comply with obligations that will be imposed on the applicant by this Act in relation to the facility if the certificate is issued; and

(iv)

such information (if any) as is specified in the regulations; and

(v)

such documents (if any) as are specified in the regulations.

(6)

The approved form of application may provide for verification by statutory declaration of statements in applications.

(7)

The approved form of application may require the applicant to set out its Australian Business Number (within the meaning of the A New Tax System (Australian Business Number) Act 1999).

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