Section 852DCCorporations Act 2001 (Cth)

Meaning of passes the legitimate control test

A person passes the legitimate control test for having a particular percentage of voting power in a controlled Australian financial body unless it is reasonable to expect that the person’s having of that percentage of voting power in the body would adversely affect:

(a) if the body is a licensee mentioned in any of subparagraphs 852DA(2)(b)(i) to (iv)—the body’s ability to meet one or more of its obligations as such a licensee under this Act; or

(b) if the body is the holding company of a licensee mentioned in any of subparagraphs 852DA(2)(b)(i) to (iv)—the licensee’s ability to meet one or more of its obligations as such a licensee under this Act.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

Research how courts apply s 852DC

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free