Part A Definitions and Interpretation – Definitions Unless the contrary intention appears a term in bold type has the meaning shown opposite it: Act the Electricity Industry Act 2000 (Vic) administrator an administrator appointed by the Commission under section 34 of the Act AEMO Australian Energy Market Operator (ACN 072 010 327) business day a day other than a Saturday, Sunday or a public holiday in Victoria a change of control occurs if a shareholder of an change of control entity, at the time it becomes a shareholder: (a) does not have the capacity to control the composition of the board of directors of the entity or a holding company of that entity; (b) is not in a position to cast or control the casting of more than 50% of the maximum number of votes that might be cast at a general meeting of that entity or a holding company of that entity; or (c) does not beneficially hold more than 50% of the issued share capital of the entity or a holding company of that entity, subsequently has the ability to do so, or does so, provided that no change of control will be deemed to have occurred where: (d) the ultimate holding company of that entity remains the same as its ultimate holding company (if any) on the date upon which the shareholder first became a shareholder; or (e) the change of control results from the acquisition or cancellation of, or dealing in, securities which are traded on a recognised financial market Commencement Date 08 August 2018 Commission the Essential Services Commission established under the ESC Act in respect of an entity has the same meaning given control in section 50AA of the Corporations Act Corporations Act means the Corporations Act 2001 (Cth) Electricity Distribution the code of that name certified by the Commission Code
Part A – Definitions and Interpretation Definitions Unless the contrary intention appears a term in bold type has the meaning shown opposite it: Act the Electricity Industry Act 2000 (Vic) administrator an administrator appointed by the Commission under section 34 of the Act AEMO Australian Energy Market Operator (ACN 072 010 327) business day change of control a day other than a Saturday, Sunday or a public holiday in Victoria a change of control occurs if a shareholder of an entity, at the time it becomes a shareholder: (a) does not have the capacity to control the composition of the board of directors of the entity or a holding company of that entity; (b) is not in a position to cast or control the casting of more than 50% of the maximum number of votes that might be cast at a general meeting of that entity or a holding company of that entity; or (c) does not beneficially hold more than 50% of the issued share capital of the entity or a holding company of that entity, subsequently has the ability to do so, or does so, provided that no change of control will be deemed to have occurred where: (d) the ultimate holding company of that entity remains the same as its ultimate holding company (if any) on the date upon which the shareholder first became a shareholder; or (e) the change of control results from the acquisition or cancellation of, or dealing in, securities which are traded on a recognised financial market Commencement Date 08 August 2018 Commission control the Essential Services Commission established under the ESC Act in respect of an entity has the same meaning given in section 50AA of the Corporations Act Corporations Act means the Corporations Act 2001 (Cth) Electricity Distribution Code the code of that name certified by the Commission
gess-projectco-electricity-generation-licence20180911_0.docx