Document ID: chunk:federal_register_of_legislation:C2025C00014:section:159gg:p3
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 159GG (pt 3/3)
Character Range: 1370220–1372496

by a person (in this subsection also referred to as the end‑user) of the use, of property owned by another person who is a party to the arrangement; and
 (b) the ownership of the item of eligible property is transferred to the end‑user or an associate within 1 year after the arrangement ceases to be in force (whether by termination or expiration) in relation to the item of eligible property;
the arrangement shall be taken to have been a qualifying arrangement in relation to the item of eligible property at all times during the period during which the arrangement was in force in relation to the item of eligible property.
 (3) For the purposes of subsections (1) and (2):
 (a) a lease to a person of property owned by another person shall be taken to be an arrangement relating to the use by the person of property owned by the other person; and
 (b) any arrangement entered into in relation to the lease referred to in paragraph (a) shall be taken to be part of the arrangement referred to in that paragraph.
 (4) Where, but for this subsection, an arrangement would be a qualifying arrangement in relation to an item of eligible property at a particular time (in this subsection referred to as the relevant time) and the Commissioner, having regard to:
 (a) the circumstances by reason of which the arrangement is a qualifying arrangement in relation to that item of eligible property; and
 (b) any other relevant circumstances;
considers it unreasonable that the arrangement should be a qualifying arrangement at the relevant time in relation to the item of eligible property, the arrangement shall be taken not to be a qualifying arrangement at the relevant time in relation to the item of eligible property.
 (5) Where an arrangement is a qualifying arrangement in relation to an item of eligible property at a particular time (in this subsection referred to as the relevant time) and the arrangement ceases to be a qualifying arrangement in relation to that item of eligible property at a later time, the arrangement shall not be taken not to have been a qualifying arrangement in relation to that item of eligible property at the relevant time by reason of it ceasing to be a qualifying arrangement in relation to that item of eligible property at the later time.