(1) In this Part, unless the contrary intention appears ¾

}body corporate~ does not include a corporation sole;

}dormant~, in relation to a body corporate, has the meaning given by section 75JAA;

}foreign person~ means ¾

(a) an individual who does not ordinarily reside in Australia; or

(b) a corporation or a foreign company ¾

(i) at least 80% of the issued share capital of which is owned by individuals who do not ordinarily reside in Australia or by foreign companies; and

(ii) in respect of which individuals who do not ordinarily reside in Australia or foreign companies are in a position to cast or control the casting of at least 80% of the maximum number of votes that might be cast at a general meeting of the corporation or foreign company (excluding any power to vote by any person by virtue of the provisions of any debentures or a trust deed securing the issue of such debentures);

}section 31B or 31C statement~ means a dutiable statement prepared under section 31B or 31C;

}shares~ includes stock.

(2) In this Part, unless the contrary intention appears ¾

(a) 2 bodies corporate are associated if ¾

(i) one of them beneficially owns (directly or indirectly) at least 90% of the issued share capital of, and has voting control over, the other; or

(ii) a third body corporate beneficially owns (directly or indirectly) at least 90% of the issued share capital of each body corporate and has voting control over each body corporate;

(b) a body corporate (}A~) has voting control over another body corporate (}B~) if A is in a position to cast or control the casting of at least 90% of the maximum number of votes that might be cast at a general meeting of B (excluding any power to vote by any person by virtue of the provisions of any debentures or a trust deed securing the issue of such debentures);

(c) if the claw-back applies ¾

(i) in the case of an instrument, section 75JE applies; or

(ii) in the case of a Part IIIBA statement, section 75JF applies.

(3) In this Part, other than section 75JA, unless the contrary intention appears ¾

}issued share capital~ means issued share capital that carries the right to unlimited participation in the distribution of income and capital of a body corporate.

[Section 75J inserted by No. 48 of 1996 s. 42; amended by No. 51 of 1997 s. 5; No. 29 of 2000 s. 5; No. 60 of 2000 s. 20(6); No. 10 of 2001 s. 170; No. 36 of 2001 s. 19; No. 2 of 2003 s. 75.]