Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) at the time (the pre - Division 83A time ) occurring just before Schedule 1 to the Tax Laws Amendment (2009 Budget Measures No. 2) Act 2009 commenced:
(i) Division 13A of Part III of the Income Tax Assessment Act 1936 , as in force at that time, ( former Division 13A ) applied in relation to a share or right (within the meaning of former Division 13A); or
(ii) section 26AAC of that Act, as in force at that time, applied in relation to a share or right (within the meaning of that section as in force at that time); and
(b) if there is a beneficial interest in the share or right that is an ESS interest--Division 83A of the Income Tax Assessment Act 1997 does not apply in relation to the interest under section 83A - 5.
(2) If subparagraph (1)(a)(i) applies, to avoid doubt, former Division 13A continues to apply (in spite of its repeal) to the share or right.
(3) If subparagraph (1)(a)(ii) applies, to avoid doubt, sections 26AAC and 26AAD of the Income Tax Assessment Act 1936 , as in force at the pre - Division 83A time, continue to apply (in spite of their repeal) to the share or right.