(1) This section has effect for the purposes of determining whether a time (the test time ) is a * changeover time under section 165 - 115C (about changes in ownership) or 165 - 115D (about changes in control) in respect of the * head company of a * MEC group.
Modified meaning of reference time
(2) The reference time is:
(a) if no * changeover time has occurred in respect of the head company since the group came into existence and before the test time--when the group came into existence; or
(b) otherwise--the time just after the last such changeover time.
(3) Subsection (2) of this section has effect despite subsection 165 - 115A(2A).
Assumptions to make
(4) Assume that, while the * MEC group exists:
(a) the * top company for the group holds and beneficially owns all the * membership interests in the * head company (instead of whoever actually does); and
(b) those membership interests remain the same; and
(c) the top company directly controls the voting power in the head company.