Document ID: chunk:federal_register_of_legislation:C2004A04008:body:0:p13
Version: federal_register_of_legislation:C2004A04008
Segment Type: other
Provision Reference: 
Character Range: 35172–37784

a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.

"(2) For all purposes and in all proceedings, a certificate under subsection (1) is conclusive evidence of the matters certified unless the contrary is established.

CSL taken to have had share capital for purposes of Income Tax Assessment Act

"59. For the purposes of the Income Tax Assessment Act 1936, CSL shall be taken to have had, at all times before it complied with subsection 44b (3) of this Act, a share capital all the issued shares in which were, at all such times, beneficially owned by the Commonwealth.

Treatment of acquisitions of transferring assets for purposes of Income Tax Assessment Act

"60. For the purposes of the Income Tax Assessment Act 1936 after the commencement of this Part:

    (a) CSL is to be taken to have acquired a transferring asset on the day on which that asset was acquired by the Commonwealth; and

    (b) CSL is to be taken to have paid or given, in relation to its acquisition of a transferring asset, the consideration paid or given by the Commonwealth in relation to the acquisition of that asset by the Commonwealth and to have done so when the Commonwealth paid or gave the consideration; and

    (c) CSL is to be taken to have incurred, in relation to its acquisition of a transferring asset. the liability to pay or give consideration incurred by the Commonwealth in relation to the acquisition of that asset by the Commonwealth and to have done so when the Commonwealth incurred the liability; and

    (d) CSL is to be taken to have incurred, in relation to a transferring asset, costs and expenditure of the kinds referred to in paragraph 160zh (1) (b), (c), (d) or (e) of the Income Tax Assessment Act 1936 incurred by the Commonwealth in relation to the asset and to have done so when the Commonwealth incurred the costs or expenditure.

"PART VI—MISCELLANEOUS

CSL not public authority etc.

"61. CSL, as it exists after the transition, shall be taken for the purposes of a law of the Commonwealth or a State or Territory:

    (a) not to have been incorporated or established for a public purpose or for a purpose of the Commonwealth; and

    (b) not to be a public authority or an instrumentality or agency of the Crown:

except so far as express provision is made by a law of the Commonwealth, State or Territory, as the case may be.

Judicial notice of CSL's seal

"62. (1) All courts, judges and persons acting judicially shall take judicial notice of the imprint