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It appears that in the ITA 2007 the test measuring common voting
interests may have been modified from the test under the ITA
2004.
Your interpretation under the new Act 2007: Under section IC
3(3) of the ITA 2007, if the percentage interests in the
companies differ, the percentage that is counted is the lowest
percentage voting interest in each of the companies for the
period.
Under the ITA 2004, section IG 1(5)(a)(ii), the corresponding
test states that the lowest of the percentage voting interests
of the person in each of the companies at that time is measured,
if those percentages differ as between the companies.
The ITA 2007 test appears to be more akin to a continuity test
requiring measurement of the lowest shareholding to be taken
over the entire continuity period. Instead, section IG 1(5)(ii)
of the ITA 2004 made it clear that the test was applied as at a
single point in time. | 
