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INCOME TAX ASSESSMENT ACT 1997 - SECT 59.67

Meaning of SRWUIP program , SRWUIP payment , direct SRWUIP payment and indirect SRWUIP payment

  (1)   A SRWUIP program is a program under the program administered by the Commonwealth known as the Sustainable Rural Water Use and Infrastructure program.

  (2)   A SRWUIP payment , in respect of a * SRWUIP program, is:

  (a)   a * direct SRWUIP payment in respect of the program; or

  (b)   an * indirect SRWUIP payment in respect of the program.

  (3)   A direct SRWUIP payment is a payment by the Commonwealth to a participant in a * SRWUIP program to the extent that it is made under that program.

  (4)   An indirect SRWUIP payment is a payment to a participant in a * SRWUIP program to the extent that it is reasonably attributable to a payment by the Commonwealth under that program.

  (5)   For the purposes of subsections   (3) and (4), treat a payment as being made under a * SRWUIP program only if that SRWUIP program is on the published list of SRWUIP programs (see section   59 - 70) for the day the payment is made.

  (6)   However, treat a payment as if it had never been made under a * SRWUIP program to the extent that the Commonwealth seeks to recover the payment.

Example:   The Commonwealth seeks to recover half of a payment made under a SRWUIP program. The remaining half is still a payment made under the SRWUIP program.



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