(1) Subsection 832 - 725(3) does not apply if:
(a) where a determination made for the purposes of paragraph (2)(a) specifies a kind of * scheme--the scheme mentioned in subsection 832 - 725(1) is of that kind; or
(b) where a determination made for the purposes of paragraph (2)(b) specifies a kind of circumstances in relation to a scheme--circumstances of that kind exist in relation to the scheme mentioned in subsection 832 - 725(1).
(2) For the purposes of subsection (1), the Minister may, by legislative instrument, make a determination that:
(a) specifies kinds of * schemes; and
(b) specifies kinds of circumstances in relation to schemes.