Document ID: chunk:federal_register_of_legislation:C2004C00958:clause:1_5:p3
Version: federal_register_of_legislation:C2004C00958
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 3/3)
Character Range: 137584–138991

a *prospecting entitlement or *mining entitlement; or

 (c) a *statutory licence; or

 (d) *plant to which Subdivision 124‑K applies.

Note: Section 108‑75 deals with this situation.

 (6) This section does not apply to a capital improvement consisting of repairs to or restoration of a *CGT asset *acquired before 20 September 1985 in circumstances where there is a roll‑over under Subdivision 124‑B.

108‑75  Capital improvements to CGT assets for which a roll‑over may be available

 (1) This section is relevant only if a *CGT event happens in relation to a *CGT asset that is:

 (a) a *Crown lease; or

 (b) a *prospecting entitlement or *mining entitlement; or

 (c) a *statutory licence; or

 (d) *plant to which Subdivision 124‑K applies.

  You must have *acquired it before 20 September 1985.

Note: Division 124 treats you as having acquired a CGT asset before that day in some situations.

 (2) There are possible consequences if there has been one or more capital improvements to:

 (a) the *CGT asset the subject of the *CGT event; or

 (b) any *CGT assets of the same kind that were in existence before the CGT asset and came to an end where a roll‑over was obtained under a provision set out in this table:

Roll‑over provisions
                                                           Roll‑over is obtained under this provision:
Item                  For this CGT asset: