Section 63A

holds 12% or more of the total equity interests in; or

is in a position to control 12% or more of the voting power in,the designated gas licensee, designated entity or designated business trust;“30% controller”, in relation to a designated gas licensee, designated entity or designated business trust, means a person who, alone or together with the person’s associates —

holds 30% or more of the total equity interests in; or

is in a position to control 30% or more of the voting power in,the designated gas licensee, designated entity or designated business trust;“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;“associate” has the meaning given to that expression in regulations made under section 63CA;“business trust” has the meaning given by section 2 of the Business Trusts Act 2004;“chief executive officer”, in relation to a designated gas licensee, means any person, by whatever name described, who —

is in the direct employment of, or acting for or by arrangement with, the designated gas licensee; and

is principally responsible for the management and conduct of any type of business of the designated gas licensee,and includes any person for the time being performing all or any of the functions or duties of a chief executive officer;“corporation” has the meaning given by section 4(1) of the Companies Act 1967;“designated business trust” means a business trust that is established wholly or partly in respect of a gas pipeline network (or any part thereof) and which has been declared by the Minister to be a designated business trust for the purposes of this Part;“designated entity” means an entity, not being a gas licensee, that —

owns a gas pipeline network (or any part of the network); and

is declared by the Minister to be a designated entity for the purposes of this Part;“designated gas licensee” means any of the following:

a gas transporter;

a gas transport agent;

an LNG terminal operator;

any other gas licensee declared by the Minister to be a designated gas licensee for the purposes of this Part;“entity” includes a corporation and a limited liability partnership;“equity interest” has the meaning given to that expression in regulations made under section 63CA;“indirect controller”, in relation to a designated gas licensee, designated entity or designated business trust, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated gas licensee, designated entity or designated business trust —

in accordance with whose directions, instructions or wishes the directors or other officers of the licensee, the entity or the trustee-manager of the business trust (as the case may be) are accustomed or under an obligation, whether formal or informal, to act; or

who is in a position to determine the policy of the licensee, the entity or the trustee-manager of the business trust,but does not include —

in the case of the licensee, any person who is a director or other officer of the licensee and whose appointment as such has been approved by the Authority under section 63H; or

any person in accordance with whose directions, instructions or wishes the directors or other officers of the licensee, the entity or the trustee‑manager of the business trust (as the case may be) are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity;“limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;“trustee-manager” has the meaning given by section 2 of the Business Trusts Act 2004.