Document ID: chunk:federal_register_of_legislation:F2015L00068:front:0:p45
Version: federal_register_of_legislation:F2015L00068
Segment Type: other
Provision Reference: 
Character Range: 115480–118117

result that, at that time, the requirements of subparagraphs 52ZZZF (1) (e) (i), (ii) and (iii) of the Act 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 that total 20 years), the individual, or the individual's spouse:
 (a) has been involved in the carrying on of one 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 enterprise.

7 Net income of primary production enterprise

 (1) This section applies in relation to the individual if, at any time during the period of 3 years that ended before the test time, the first primary production enterprise was being carried on by an entity, other than:
 (a) the individual or the individual's spouse; or
 (b) a company that was a controlled private company in relation to the individual or the individual's spouse; or
 (c) a trust that was a controlled private trust in relation to the individual or the individual's spouse; or
 (d) a business partnership of which the individual, or the individual's spouse, was a partner.

 (2) The Commission must consider:
 (a) the amount that is the average of the following amounts in relation to the first primary production enterprise:
 (i) the net income (if any) of the enterprise for the last tax year that ended before the test time;
 (ii) the net income (if any) of the enterprise for the tax year that preceded the tax year mentioned in subparagraph (i);
 (iii) the net income (if any) of the enterprise for the tax year that preceded the tax year mentioned in subparagraph (ii); and
 (b) any reductions or adjustments that might have been made to the amounts mentioned in subparagraphs (a) (i), (ii) and (iii) if the