Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 157

157. Section 252A of the Principal Act is amended-

   (a)  by omitting from paragraph (1) (d) ", being a public officer who is a
        resident";

   (b)  by inserting after sub-section (2) the following sub-section:

"(2A) A person is not capable of being a public officer of a trust estate at a
particular time unless the person-

   (a)  is a natural person who has attained the age of 18 years;

   (b)  is ordinarily resident-

        (i)    in the case of a trust estate that-

                (A)  at that time carries on its business solely or
                     principally in a prescribed Territory (in this paragraph
                     referred to as the 'relevant prescribed Territory'); or

                (B)  at that time does not carry on its business solely or
                     principally in a prescribed Territory, but derived not
                     less than 50% of its income from sources in Australia and
                     the prescribed Territories from sources in a particular
                     prescribed Territory (in this paragraph referred to as
                     the 'relevant prescribed Territory') during the year
                     immediately preceding that time,
in Australia or the relevant prescribed Territory; or

        (ii)   in any other case-in Australia; and

   (c)  is capable of understanding the nature of the person's appointment as
        the public officer of the trust estate."; and

   (c)  by adding at the end thereof the following sub-sections:

"(14) A reference in this section to this Act or the regulations includes a
reference to Part III of the Taxation Administration Act 1953 to the extent to
which that Part of that Act relates to this Act or the regulations.

"(15) In sub-section (2A)-
'Australia' does not include a prescribed Territory;
'prescribed Territory' means an external Territory referred to in sub-section
7A (2).".