Document ID: chunk:federal_register_of_legislation:C2004C00927:clause:1_3:p10
Version: federal_register_of_legislation:C2004C00927
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 10/24)
Character Range: 435237–438021

a *primary production business; or
 (b) a *business for the *purpose of producing assessable income from the use of rural land (except a *business of mining or quarrying).

Partnerships

387‑75  How this Subdivision applies to partners and partnerships

Application

 (1) This section applies to allocate expenditure to you for the purposes of this Subdivision if you were a partner in a partnership when it incurred capital expenditure during an income year.

Allocation of partnership expenditure to partners

 (2) For the purposes of this Subdivision, you are taken to have incurred during that income year:
 (a) the amount of the expenditure that the partners agreed you should bear; or
 (b) if there was no such agreement—the proportion of the expenditure equal to the proportion of your individual interest in the net income or partnership loss of the partnership for that income year.

This Subdivision does not apply to net income or partnership loss

 (3) Disregard this Subdivision when working out the net income or partnership loss of the partnership under section 90 of the Income Tax Assessment Act 1936.

Approved management plans and farm consultants

387-80  Meaning of approved management plan

  An approved management plan for land is a plan that:
 (a) shows:
 (i) the different land classes within the land; and
 (ii) the location of any fencing needed to separate any of the land classes primarily and principally to prevent land degradation; and
 (b) describes the kind of fencing and how it will prevent land degradation; and
 (c) has been prepared by, or approved in writing as a suitable plan for the land by:
 (i) an officer of a State or Territory Government department or authority responsible for land conservation who has authority to do so; or
 (ii) a person who was at the time approved in writing as a farm consultant under this Subdivision.

387-85  Approval of persons as farm consultants

 (1) A person may be approved in writing as a farm consultant by:
 (a) the Secretary to the Department of Primary Industries and Energy; or
 (b) an officer of that Department who has been authorised in writing by that Secretary to approve persons as farm consultants.

Note: This subsection also allows the approval of a person as a farm consultant to be revoked. See subsection 33(3) of the Acts Interpretation Act 1901.

 (2) The following matters must be taken into account when deciding whether to approve a person as a farm consultant:
 (a) the person's qualifications, experience and knowledge relating to land conservation and farm management;
 (b) the person's standing in the professional community;
 (c) any other relevant matters.

387-90  Review of decisions relating to approvals

  A person may apply to the *AAT for review of a decision