Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p11
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 11/46)
Character Range: 3080874–3083736

throughout the business continuity test period were also the activities and operations from which its former business generated assessable income;
 (c) the identity of its current business and the identity of its former business;
 (d) the extent to which any changes to its former business result from development or commercialisation of assets, products, processes, services or marketing or organisational methods of the former business.
 (3) However, the company does not satisfy the *business continuity test under this section if, before the *test time, it:
 (a) started to carry on a *business it had not previously carried on; or
 (b) in the course of its business operations, entered into a transaction of a kind that it had not previously entered into;
and did so for the purpose, or for purposes including the purpose, of being taken to have carried on throughout the *business continuity test period a business that is similar to the business it carried on immediately before the test time.

165‑212D  Restructure of MDOs etc.
 (1) An *MDO does not fail to satisfy the *business continuity test merely because, before 1 July 2003:
 (a) the MDO restructured the way it *provides medical indemnity cover; or
 (b) the MDO ceased to provide medical indemnity cover;
in order to comply with the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.
 (2) A *general insurance company which is an *associate of an *MDO does not fail to satisfy the *business continuity test merely because, before 1 July 2003:
 (a) the MDO restructured the way it *provides medical indemnity cover; or
 (b) the MDO ceased to provide medical indemnity cover;
in order to comply with the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.

165‑212E  Entry history rule does not apply for the purposes of sections 165‑210 and 165‑211
  For the purposes of sections 165‑210 and 165‑211, section 701‑5 (the entry history rule) does not operate in relation to an entity becoming a *subsidiary member of a *consolidated group or a *MEC group.

Subdivision 165‑F—Special provisions relating to ownership by non‑fixed trusts

Table of sections
165‑215 Special alternative to change of ownership test for Subdivision 165‑A
165‑220 Special alternative to change of ownership test for Subdivision 165‑B
165‑225 Special way of dividing the income year under Subdivision 165‑B
165‑230 Special alternative to change of ownership test for Subdivision 165‑C
165‑235 Information about non‑fixed trusts with interests in company
165‑240 Notices where requirements of section 165‑235 are met
165‑245 When an entity has a fixed entitlement to income or capital of a company

165‑215  Special alternative to change of ownership test for Subdivision 165‑A
 (1) If a company does not meet the conditions in section 165‑12, it is nevertheless taken to meet