INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
A person is in a position to affect rights of a company in relation to another company if the person has the right, power or option:
(a) to acquire those rights from one or other of those companies; or
(b) to do something that would prevent one or other of those companies from exercising its rights for its own benefit, or from receiving any benefit arising from having those rights. 160ZZRRB(2) [Origin of right does not matter]
It does not matter whether the person has the right, power or option because of the constituent document of one or other of those companies, any agreement or otherwise.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.