Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 165.190

  (1)   In applying a test for the purposes of this Division other than Subdivision   165 - CC, * shares are taken to have carried particular rights at all times during a part of the * ownership test period if the Commissioner is satisfied that:

  (a)   the shares started to carry those rights after the ownership test period; or

  (b)   the shares will or may start to carry those rights after the ownership test period;

because of:

  (c)   the company's * constitution as in force at some time during the ownership test period; or

  (d)   an * arrangement entered into before or during the ownership test period.

  (2)   In applying a test for the purposes of Subdivision   165 - CC, * shares are taken to have carried particular rights after a particular time if the Commissioner is satisfied that:

  (a)   the shares started to carry those rights after that time; or

  (b)   the shares will or may start to carry those rights after that time;

because of:

  (c)   the company's * constitution as in force at any time; or

  (d)   an * arrangement entered into at any time.