Document ID: chunk:federal_register_of_legislation:F2017L00222:body:0:p5
Version: federal_register_of_legislation:F2017L00222
Segment Type: other
Provision Reference: 
Character Range: 10302–12967

the company or trust; and
 (d) if the individual received consideration for the contribution, the amount of consideration.
18 Past benefit from distributions by company or trust
 (1) The Secretary must consider whether the individual has received a benefit from a distribution made by the company or trust.
 (2) If an individual has received a benefit, the Secretary must also consider:
 (a) the value of the benefit; and
 (b) if the individual has received a benefit on more than 1 occasion, the frequency with which the individual has received benefits.
 (3) For this section, a distribution includes distributions:
 (a) in the case of a distribution by a company — of the capital or income, or both, of the company; and
 (b) in the case of a distribution by a trust — of the corpus or income, or both, of the trust.
19 Future benefit from distributions by company or trust
 (1) The Secretary must consider whether it is reasonably foreseeable that the individual may receive a benefit from a future distribution by the company or trust.
 (2) If subsection (1) applies, the Secretary must also consider the likely value of the benefit.
 (3) For this section, the Secretary must have regard to:
 (a) the constituent documents of the company; or
 (b) documents, if any, establishing the terms of the trust.
 (4) For this section, a distribution includes distributions:
 (a) in the case of a distribution by a company — of the capital or income, or both, of the company; and
 (b) in the case of a distribution by a trust — of the corpus or income, or both, of the trust.
20 Benefit from assets and income of company or trust
 (1) The Secretary must consider whether the individual receives or derives any kind of benefit (other than a benefit mentioned in section 18 or 19) from the assets or income, or both, of the company or trust.
 (2) For this section, benefit:
 (a) is not limited to a benefit to which the individual has a legal or equitable entitlement; and
 (b) includes benefits received or derived in the form of property or services.
21 Existing attribution to individual
 (1) The Secretary must consider whether the individual is:
 (a) under the Act — an attributable stakeholder of any other company or trust; or
 (b) under the Veterans' Entitlements Act 1986 — an attributable stakeholder of the company or trust, or of any other company or trust.
 (2) If subsection (1) applies, the Secretary must also consider:
 (a) the asset attribution percentage attributed to the individual, if any; and
 (b) the income attribution percentage attributed to the individual, if any.
22 Other circumstances
  The Secretary must consider any other circumstance that