Commonwealth of Australia Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 165.190

             (1)  In applying a test for the purposes of this Division other than Subdivision 165-CC, * shares are taken to have carried particular rights at all times during a part of the * ownership test period if the Commissioner is satisfied that:

                     (a)  the shares started to carry those rights after the ownership test period; or

                     (b)  the shares will or may start to carry those rights after the ownership test period;

because of:

                     (c)  the company's * constitution as in force at some time during the ownership test period; or

                     (d)  an * arrangement entered into before or during the ownership test period.

             (2)  In applying a test for the purposes of Subdivision 165-CC, * shares are taken to have carried particular rights after a particular time if the Commissioner is satisfied that:

                     (a)  the shares started to carry those rights after that time; or

                     (b)  the shares will or may start to carry those rights after that time;

because of:

                     (c)  the company's * constitution as in force at any time; or

                     (d)  an * arrangement entered into at any time.