Commonwealth Numbered Acts

INCOME TAX LAWS AMENDMENT ACT 1980 No. 19 of 1980 - SECT 13

13. (1) Section 99A of the Principal Act is amended-

   (a)  by omitting sub-section (2) and substituting the following sub-
        section:



"(2) This section does not apply in relation to a trust estate in relation to
a year of income, being a trust estate-

   (a)  that resulted from-

        (i)    a will, a codicil or an order of a court that varied or
               modified the provisions of a will or a codicil; or

        (ii)   an intestacy or an order of a court that varied or modified the
               application, in relation to the estate of a deceased person, of
               the provisions of the law relating to the distribution of the
               estates of persons who die intestate;

   (b)  that consists of the property of a person who has become bankrupt,
        being property that has vested in The Official Receiver in Bankruptcy
        under the Bankruptcy Act 1966;

   (c)  that is administered under Part XI of the Bankruptcy Act 1966; or

   (d)  that consists of property of a kind referred to in paragraph (c) of
        sub-section (2) of section 102AG, if the Commissioner is of the
        opinion that it would be unreasonable that this section should apply
        in relation to that trust estate in relation to that year of income.";

   (b)  by inserting after sub-section (3) the following sub-section:



"(3A) For the purposes of the application of paragraph (a) of sub-section (3)
in relation to a trust estate of the kind referred to in paragraph (a) of
sub-section (2), a reference in that first- mentioned paragraph to the trust
estate shall be read as including a reference to the person as a result of
whose death the trust estate arose."; and

   (c)  by omitting sub-section (5).

(2) The amendments made by sub-section (1) apply to assessments in respect of
income of the year of income that commenced on 1 July 1979 and in respect of
income of all subsequent years of income.