Document ID: chunk:federal_register_of_legislation:C2010C00673:body:0:p11
Version: federal_register_of_legislation:C2010C00673
Segment Type: other
Provision Reference: 
Character Range: 25490–28051

have been given effect in
some other way).
  "(3) The transfer will also be as a result of a family
breakdown if:
  (a) when the minor or beneficiary is born, his or her natural
parents are not living together as spouses on a genuine
domestic basis (whether or not legally married); and
  (b) an order, determination or assessment of a court, person
or body (whether or not in Australia) is made wholly or partly
because the natural parents are not living together as
mentioned in paragraph (a); and
  (c) the effect of the order, determination or assessment is
that a person (whether one of the natural parents, the
transferor or any other person) becomes subject to a legal
obligation to maintain, transfer property to, or do some other
thing for the benefit of, the minor or beneficiary or one of
the natural parents of the minor or beneficiary; and
  (d) the transferor transfers the subject property to the
minor, or to the trustee for the benefit of the beneficiary, in
giving effect to the legal obligation (including in discharging
the legal obligation if it falls on someone else, and whether
or not the legal obligation could have been given effect in
some other way).".
  21. Application
  (1) The amendments made by items 15, 17 and 20 apply in
relation to the year of income that commenced on 1 July 1979
and in relation to all later years of income.
  (2) The amendments made by items 16, 18 and 19 apply in
relation to income derived on or after 7 March 1994.
                PART 3 - DIVIDEND IMPUTATION
  22. Object
The object of this Part is:
  (a) to amend the provisions of Part IIIAA (the dividend
imputation provisions) of the Income Tax Assessment Act 1936 to
take account of the revised company tax instalment system; and
  (b) to ensure, through the introduction of deficit deferral
tax, that the amended provisions can not be used to defer
franking deficit tax; and
  (c) to make a transitional amendment that is consequential
upon the change in the general company tax rate from 39% to
33%.
  23. Section 160APA (before subparagraph (a)(ia) of the
definition of "applicable general company tax rate"):
Insert:
    "(iaa) the paying of an instalment by a company in respect
of a year of income under section 221AZK;
    (iab) the making of any other payment by a company in
respect of a year of income under Division 1C of Part VI;
    (iac) the payment of a refund to a company in respect of a
year of income under Division 1C of Part VI;
    (iad) the payment of a refund to a company of an amount
paid by the company in respect of a