Document ID: chunk:federal_register_of_legislation:C2025C00014:section:102ae:p4
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 102AE (pt 4/5)
Character Range: 801147–803673

a claim for, damages in respect of:
 (i) loss by the person of parental support; or
 (ii) personal injury to the person, any disease suffered by the person or any impairment of the person's physical or mental condition; and
 (b) that property was transferred to that person otherwise than in pursuance of an order of a court;
paragraph (2)(b) applies only to so much (if any) of that assessable income as the Commissioner considers fair and reasonable.
 (10) Where:
 (a) the assessable income of a person (in this subsection referred to as the minor) of a year of income:
 (i) includes an amount derived by the minor from property that:
 (A) was transferred to the minor by another person out of property that devolved upon that other person from the estate of a deceased person; and
 (B) was so transferred within 3 years after the date of the death of the deceased person;
  but does not include any amount that:
 (C) was derived by the minor from property that devolved upon the minor from the estate of that deceased person; or
 (D) is included in the assessable income of the minor under section 97 or 100 in respect of the share of the minor of the net income of a trust estate that resulted from a will or codicil of that deceased person, an order of a court that varied or modified the provisions of a will or codicil of that deceased person, a partial intestacy of that deceased person or an order of a court that varied or modified the application, in relation to the estate of that deceased person, of the provisions of the law relating to the distribution of the estates of persons who die intestate; or
 (ii) includes an amount derived by the minor from property that:
 (A) was transferred to the minor by another person out of property that devolved upon that other person from the estate of a deceased person; and
 (B) was so transferred within 3 years after the date of death of the deceased person;
  and also includes an amount or amounts to which sub‑subparagraph (i)(C) or (D) applies; and
 (b) the amount to which subparagraph (a)(i) applies or the sum of the amounts to which subparagraph (a)(ii) applies, as the case may be, exceeds the amount that, in the opinion of the Commissioner, would have been included in the assessable income of the minor of the year of income in respect of an amount or amounts derived by the minor from property that, in the opinion of the Commissioner, would have devolved upon or for the benefit of the minor from the estate of that deceased person if that deceased person