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NATIONAL RENTAL AFFORDABILITY SCHEME ACT 2008 - SECT 3A

Severability

Additional and severable operation of Act and tax law provisions

  (1)   Without limiting the effect of this Act or the tax law provisions apart from this section, this Act and the tax law provisions also have effect as provided by this section.

  (2)   To avoid doubt, none of the following subsections of this section limit the operation of any other subsection of this section.

External affairs

  (3)   This Act and the tax law provisions have the effect they would have if their operation were expressly confined to give effect to Australia's rights and obligations under paragraph   1 of Article 2 and Article 11 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16   December 1966, as in force for Australia from time to time.

Note:   The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No.   5 ([1976] ATS 5) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website ( http:// www.austlii.edu.au).

Corporations

  (4)   This Act and the tax law provisions have the effect they would have if their operation were expressly confined to the following:

  (a)   the regulation of activities, functions, relationships or business of an investor or approved participant that is a constitutional corporation;

  (b)   the creation of rights or privileges belonging to an investor or approved participant that is a constitutional corporation;

  (c)   the imposition of obligations on an investor or approved participant that is a constitutional corporation;

  (d)   in respect of the matters mentioned in paragraphs   ( a) to (c), the regulation of the conduct of persons or entities through which the constitutional corporation acts;

  (e)   the regulation of persons or entities whose conduct affects or is capable of affecting the activities, functions, relationships or business of an investor or an approved participant that is a constitutional corporation.

Taxation

  (5)   This Act and the tax law provisions have the effect they would have if their operation were expressly confined to determining the tax liability of a person.

Territories

  (6)   This Act and the tax law provisions have the effect they would have if their operation were expressly confined to apply in relation to the following:

  (a)   a rental dwelling that is located in a Territory;

  (b)   an approved participant or investor who is a resident of a Territory;

  (c)   an approved participant or investor that is:

  (i)   a body corporate that is incorporated in a Territory; or

  (ii)   a body corporate that is taken to be registered in a Territory under section   119A of the Corporations Act 2001 ; or

  (iii)   a trust, if the proper law of the trust and the law of the trust's administration are the law of a Territory; or

  (iv)   an entity, the core or routine activities of which are carried out in or in connection with a Territory.



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