Document ID: chunk:federal_register_of_legislation:C2010C00604:clause:9_12
Version: federal_register_of_legislation:C2010C00604
Segment Type: clause
Provision Reference: sch 9 cl 12
Character Range: 212588–214585

12  Application of amendments

(1) The amendments of the Income Tax Assessment Act 1936 made by this Schedule apply in relation to a dividend or non‑share dividend paid after 30 June 2003 by a company, except a company to which subitem (2) applies.

(2) This subitem and subitem (3) apply to a company if:
 (a) the company becomes a member of a consolidated group or MEC group on the day (the consolidation day) the group comes into existence; and
 (b) the consolidation day either is before 1 July 2003 or is both:
 (i) the first day of the first income year starting after 30 June 2003 of the group's head company (for a consolidated group) or provisional head company (for a MEC group) on the consolidation day; and
 (ii) before 1 July 2004; and
 (c) the company was not a member of a consolidated group or MEC group before the consolidation day.

(3) The amendments of the Income Tax Assessment Act 1936 made by this Schedule apply in relation to a dividend or non‑share dividend paid by a company on or after the consolidation day.

(4) A term used in subitem (2) and defined in the Income Tax Assessment Act 1997 has the same meaning in that subitem as it has in that Act.

(5) The amendments of the Income Tax Assessment Act 1936 made by this Schedule apply to a dividend or a non‑share dividend that:
 (a) is paid by a company (the paying company) after 30 June 2002; and
 (b) is paid to a company that:
 (i) is related (within the meaning of subsection 51AE(16) of that Act) to the paying company; and
 (ii) is a member of a consolidated group or MEC group.

(6) A term used in paragraph (5)(a) or (b) and defined in the Income Tax Assessment Act 1997 has the same meaning in that paragraph as it has in that Act.

(7) To avoid doubt, the amendments of the Income Tax Assessment Act 1936 made by this Schedule apply to a dividend or a non‑share dividend if they apply to it under subitem (5), even if they would not apply to it under subitem (1) or (3).

Income Tax Assessment Act 1997