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##### <strong>8A  Meaning of </strong><em><strong>influence or control</strong></em>

- \(1\) An entity is in a position to directly or indirectly&#32;<em><strong>influence or control</strong></em>&#32;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<em> </em>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<em> </em>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<em> </em>loans<em> </em>involving the asset\.

    Note:&#160;For interests held by trusts, partnerships, superannuation funds and unincorporated foreign companies, see section&#160;53A\.

- \(2\) An entity \(the&#32;<em><strong>controlling entity</strong></em>\) is in a position to directly or indirectly&#32;<em><strong>influence or control</strong></em>&#32;another entity \(the&#32;<em><strong>controlled entity</strong></em>\) 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<em> </em>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

        - \(iii\) major contracts or transactions involving the controlled entity; or

        - \(iv\) major<em> </em>loans<em> </em>involving the controlled entity; or

    - \(e\) together with any associates of the controlling entity, holds an interest of at least 10% in the controlled entity \(including if any of the interests are held jointly with one or more other entities\)\.

- \(3\) This section does not limit when an entity is in a position to directly or indirectly&#32;<em><strong>influence or control</strong></em>&#32;an asset or other entity\.

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_13

Compiled 2026\-06\-04\. This does not establish legal commencement\.

Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html

Licence: https://creativecommons\.org/licenses/by/4\.0/

Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\.

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