(1) A reference in an agreement to section 204 of the Income Tax Assessment Act 1936 is taken, from the commencement of this section, to be a reference to section 5 - 5 of the Income Tax Assessment Act 1997 , if:
(a) paragraph 721 - 25(1)(a) of the Income Tax Assessment Act 1997 applies to the agreement; and
(b) the agreement was in force just before the commencement of this section.
(2) This section applies in relation to tax to which Division 5 of the Income Tax Assessment Act 1997 applies.