Document ID: chunk:federal_register_of_legislation:F2017L00219:body:0:p5
Version: federal_register_of_legislation:F2017L00219
Segment Type: other
Provision Reference: 
Character Range: 9802–12587

in relation to an individual, or an asset that is owned by a trust that is a controlled private trust in relation to an individual, is taken not to be controlled by the individual.
11 Is the individual an attributable stakeholder?
 (1) The Secretary must consider whether it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that owns the asset.
 (2) If the asset is owned by a trust that is a concessional primary production trust in relation to the individual, the Secretary must consider whether it is likely that, but for the fact that the trust is a concessional primary production trust in relation to the individual, the individual would be considered to be an attributable stakeholder of the trust.
 (3) In considering the matters mentioned in subsections (1) and (2), the Secretary must have regard to the decision-making principles set out in Part 2 of the Social Security (Attributable Stakeholders and Attribution Percentages) Principles 2017.

Part 5 Determination of adjusted net value of asset controlled by individual
12 Purpose of Part 5
  This Part sets out decision-making principles with which the Secretary must comply in making a determination under subparagraph 1208Z (2) (a) (ii) or (b) (ii) of the Act that a specified percentage, lower than 100%, is the adjusted net value of an asset controlled by an individual.
13 Is the individual an attributable stakeholder?
 (1) The Secretary must consider whether it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that owns the asset.
 (2) If the asset is owned by a trust that is a concessional primary production trust in relation to the individual, the Secretary must consider whether it is likely that, but for the fact that the trust is a concessional primary production trust in relation to the individual, the individual would be considered to be an attributable stakeholder of the trust.
 (3) If the Secretary considers that it is likely that the individual would be considered to be an attributable stakeholder of the company or trust that owns the asset, the Secretary must consider the percentage that would be likely to be the individual's asset attribution percentage in relation to the company or trust.
 (4) In considering the matters mentioned in subsections (1) and (2), the Secretary must have regard to the decision-making principles set out in Part 2 of the Social Security (Attributable Stakeholders and Attribution Percentages) Principles 2017.
 (5) In considering the matter mentioned in subsection (3), the Secretary must have regard to the decision-making principles set out in Part 3 of the Social Security (Attributable Stakeholders and Attribution Percentages) Principles