Document ID: chunk:federal_register_of_legislation:C2025C00014:section:26bc:p4
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 26BC (pt 4/9)
Character Range: 247479–250189

setting out such information as will enable the amount or value of the notifiable consideration to be readily ascertained; or
 (iv) if the notifiable consideration is covered by 2 or more of the following categories:
 (A) a fee;
 (B) an adjustment for variations in the market value of eligible securities;
 (C) other consideration;
  a statement dissecting the notifiable consideration into those categories in such a manner as will enable the amount or value of each category to be readily ascertained; and
 (e) the lender does not dispose of (by transfer, declaration of trust or otherwise) the right to receive any part of the total consideration payable or to be given by the borrower under the agreement.
 (3A) For the purposes of paragraph (3)(c), if, apart from this subsection, either of the following events occurred after the commencement of the borrowing period:
 (a) the making or payment of a distribution (whether in property or money) in respect of the borrowed security;
 (b) the issue, by the company, trustee, government or government authority concerned, of a right or option in respect of the borrowed security;
(even if the event occurred after the borrowed security was disposed of by the borrower to a third party), the event is taken to have occurred during the borrowing period if, and only if, (assuming that the borrower had held the borrowed security at all times during the borrowing period) the entitlement to the distribution or issue would have been attributable to the borrower's holding of the borrowed security at a particular time during the borrowing period.
 (4) In determining:
 (a) whether an amount (other than a fee payable under the securities lending arrangement) is included in the assessable income of the lender under a provision of this Act other than Part 3‑1 or 3‑3 of the Income Tax Assessment Act 1997 (about CGT); or
 (b) whether an amount is allowable as a deduction to the lender;
in respect of either or both of the transactions covered by paragraph (3)(a), the lender is to be treated as if:
 (c) neither of those transactions had been entered into; and
 (d) the lender had held the borrowed security at all times during the borrowing period; and
 (e) if the replacement security is not the borrowed security—the replacement security were the borrowed security.
 (4A) If the lender receives a compensatory payment covered by sub‑subparagraph (3)(c)(v)(C), then, in determining whether an amount is included in the assessable income of the lender under a provision of this Act other than Part 3‑1 or 3‑3 of the Income Tax Assessment Act 1997, the lender is to be treated as if:
 (a) the lender had held the borrowed security at all relevant times during