Document ID: chunk:federal_register_of_legislation:C2025C00014:section:23af:p4
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 23AF (pt 4/7)
Character Range: 111300–113996

was engaged in qualifying service on approved projects shall be deemed to have been taken by the person in the order that is reverse to the order in which that leave accrued.
 (10) Where the amount of income derived by a person that:
 (a) is attributable to qualifying service on an approved project; and
 (b) would, apart from this subsection, be eligible foreign remuneration;
exceeds the amount of income that the Commissioner considers would be reasonable remuneration in respect of that qualifying service, the amount of the excess is not eligible foreign remuneration for the purposes of this section.
 (11) Where the Trade Minister is satisfied that the undertaking of an eligible project that was commenced, or is proposed to be commenced, after 19 August 1980 is, or will be, in the national interest, that Minister may, by writing signed by that Minister, approve that eligible project for the purposes of this section.
 (12) The Trade Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person that Minister's power under subsection (11).
 (13) The power so delegated, when exercised by the delegate shall, for the purposes of this section, be deemed to have been exercised by the Trade Minister.
 (14) A delegation under subsection (12) does not prevent the exercise of a power by the Trade Minister.
 (15) Where:
 (a) a person has derived eligible foreign remuneration during a year of income; and
 (b) at the time of making an assessment in respect of income of the person of the year of income, the Commissioner is of the opinion that, at a later time, circumstances will exist by reason of which that eligible foreign remuneration will be exempt from tax by virtue of this section;
the Commissioner may apply the provisions of this section as if those circumstances existed at the time of making the assessment.
 (16) Where, in the making of an assessment, this section has been applied on the basis that a circumstance that did not exist at the time of making the assessment would exist at a later time and the Commissioner, after making the assessment, becomes satisfied that that circumstance will not exist, then, notwithstanding anything contained in section 170, the Commissioner may amend the assessment at any time for the purposes of ensuring that this section shall be taken always to have applied on the basis that that circumstance did not exist.
 (17) For the purposes of this section, income is excluded income if:
 (a) the income is income to which section 23AG applies; or
 (aa) the income is a payment, consideration or amount that:
 (i) is included in assessable income under