Schedules

Schedule 13Control of a person by a foreign power

Part 1Conditions for control

1

1

A person is controlled by a foreign power if one or more of the following conditions are met.

2

Condition 1 is that the foreign power has the right to direct or control, or actually directs or controls, the person’s activities (in whole or in part).

3

Condition 2 is that the foreign power holds, directly or indirectly, more than 25% of the shares in the person.

4

Condition 3 is that the foreign power holds, directly or indirectly, more than 25% of the voting rights in the person.

5

Condition 4 is that the foreign power holds the right, directly or indirectly, to appoint or remove an officer of the person.

6

Condition 5 is that—

a

the trustees of a trust, or the members of a partnership, unincorporated association or other entity, that is not a legal person under the law by which it is governed meet one or more of conditions 1 to 4 (in their capacity as such) in relation to the person, and

b

the foreign power has the right to direct or control, or actually directs or controls, the activities of that trust or entity (in whole or in part).