Document ID: chunk:federal_register_of_legislation:F2025L00245:reg:2:p1
Version: federal_register_of_legislation:F2025L00245
Segment Type: reg
Provision Reference: reg 2 (pt 1/5)
Character Range: 547–3544

2  Commencement
         This instrument commences on the later of:
         (a) the day after the day it is registered; or
            (b) the day after the day the Veterans' Entitlements (Attributable Stakeholders and Attribution Percentages) Principles 2025 commences.
         3  Authority
         This instrument is made under the Veterans' Entitlements Act 1986, paragraphs 52ZZZQ(j), (k), (l) and (m).
         3A  Repeals
         Schedule 7 to the Veterans' Affairs (Legislative Instrument Re-making Exercise) Instrument 2014 is repealed.
         4  Definitions
Note: A number of expressions used in this instrument are defined in section 5Q or 52ZO of the Act, including the following:
(a) Commission;
(b) concessional primary production trust;
(c) control;
(d) controlled private company;
(e) controlled private trust;
(f) spouse;
(g) tax year.
  In this instrument:
Act means the Veterans' Entitlements Act 1986.

Part 2 Determining application of Act, paragraph 52ZZZF(1)(f)

       5  Purpose—pt 2

         This Part sets out decision-making principles with which the Commission must comply in making a determination under the Act, paragraph 52ZZZF(1)(f) that that paragraph applies to an individual and a trust that is a controlled private trust in relation to the individual.

       6  Long-term connection with primary production

        (1) The Commission must consider whether the individual has had a long-term connection with primary production, in relation to which, for some reason, there has been an interruption in the period of 3 years immediately before the test time, with the result that, at that time, the requirements of the Act, subparagraphs 52ZZZF(1)(e)(i), (ii) and (iii) are not able to be satisfied in relation to the individual.

        (2) For subsection (1), an individual is taken to have had a long-term connection with primary production if, for a period of 20 years (whether the period is continuous or is made up of 2 or more periods totalling 20 years), the individual, or the individual's spouse:
           (a) has been involved in the carrying on of 1 or more primary production enterprises; and
           (b) has contributed a significant part of his or her labour to the carrying on of those primary production enterprises; and
           (c) has derived, either directly or indirectly, a significant part of his or her income from those primary production enterprises.

        (3) For the purposes of the application of subsection (2) to an individual at a particular time, a reference to the individual's spouse is a reference to a person who was the spouse of the individual at that time (whether or not the person is the spouse of the individual at the test time).

        (4) For paragraph (2)(c), an individual, or an individual's spouse, is taken to have derived income indirectly from a primary production enterprise if the income was derived from a company, trust or business partnership that carried on the primary production