55 Associated persons

(1)

This section applies if an activity listed in Schedule 3 has a threshold below or above which a person becomes a participant.

(2)

If this section applies, persons who are associated persons are to be treated as 1 person for the purpose of determining whether the threshold is met.

(3)

If a threshold for an activity listed in Schedule 3 is met by associated persons, each of the associated persons—

(a)

is to be treated as carrying out the activity for the purposes of this Act; and

(b)

may elect to comply with this Part and Part 5 as a—

(i)

participant in relation to the activity; or

(ii)

member of an unincorporated body; or

(iii)

member of a consolidated group under section 150, if the associated person qualifies to be a member of a consolidated group.

Section 55: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 55(3)(b)(ii): substituted, on 8 December 2009, by section 23(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 55(3)(b)(iii): amended, on 8 December 2009, by section 23(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).