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 11/13)
Character Range: 2499645–2502224

conditions:
 (i) the disposal takes place after a notice was served on you by or on behalf of the entity;
 (ii) the notice invited you to negotiate with the entity with a view to the entity acquiring the asset by agreement;
 (iii) the notice informed you that if the negotiations were unsuccessful, the asset would be compulsorily acquired by the entity;
 (iv) the compulsory acquisition would have been under a power of compulsory acquisition conferred by a law covered under subsection (1A);
 (ca) you dispose of it to an entity (other than a foreign government agency) in circumstances meeting all of these conditions:
 (i) the asset is land over which a mining lease was compulsorily granted;
 (ii) the lease significantly affected your use of the land;
 (iii) the lease was in force just before the disposal;
 (iv) the entity to which you dispose of the land was the lessee under the lease;
 (cb) you dispose of it to an entity (other than a foreign government agency) in circumstances meeting all of these conditions:
 (i) the asset is land over which a mining lease would have been compulsorily granted if you had not disposed of it;
 (ii) that lease would have significantly affected your use of the land;
 (iii) the entity to which you dispose of the land would have been the lessee under the lease.
 (d) if it is a lease granted to you by an *Australian government agency under an *Australian law—the lease expires and is not renewed.
Note 1: There are no roll‑over consequences if you make a capital loss from the event.
Note 2: Section 103‑25 tells you when you have to make the choice.
 (1A) A law is covered under this subsection if it is:
 (a) an *Australian law (other than Chapter 6A of the Corporations Act 2001); or
 (b) a *foreign law (other than a foreign law corresponding to Chapter 6A of the Corporations Act 2001).
 (2) You must receive money or another *CGT asset (except a *car, motor cycle or similar vehicle), or both:
 (a) as compensation for the event happening; or
 (b) under an insurance policy against the risk of loss or destruction of the original asset.
Note: There are other requirements that must be satisfied if:
• you receive money: see section 124‑75; or
• you receive another CGT asset: see section 124‑80.
 (3) The requirement in subsection (4) must be satisfied if:
 (a) you are a foreign resident just before the event happens; or
 (b) you are the trustee of a trust that is a *foreign trust for CGT purposes for the income year in which the event happens.
 (4) The original asset must be *taxable Australian property just before the