Document ID: chunk:federal_register_of_legislation:C2025C00014:schedule:2f:p32
Version: federal_register_of_legislation:C2025C00014
Segment Type: schedule
Provision Reference: sch 2F (pt 32/79)
Character Range: 2284722–2287309

trading in units in a unit trust (other than a wholesale widely held trust) if 5% or more of the units are traded in one transaction.

269‑30  Abnormal trading—suspected 5% of units in a series of transactions
 (1) There is an abnormal trading in units in a unit trust (other than a wholesale widely held trust) if the trustee knows or reasonably suspects that a person, or a person and one or more associates of the person, have acquired or redeemed 5% or more of the units in 2 or more transactions and would not have done so if the trust did not have a tax loss or other deduction.
 (2) For the purposes of other provisions of this Schedule, the abnormal trading occurs at the time of the particular transaction that causes the 5% figure to be exceeded.

269‑35  Abnormal trading—20% of units traded, issued or redeemed over 60 day period
 (1) There is an abnormal trading in units in a unit trust (other than a wholesale widely held trust) if more than 20% of the units on issue at the end of any 60 day period were traded during the period.
 (2) For the purposes of other provisions of this Schedule, the abnormal trading occurs at the end of the 60 day period.

269‑40  Abnormal trading—50% stake not maintained
 (1) There is an abnormal trading in units in a wholesale widely held trust during a period if the trustee knows or reasonably suspects that the same persons did not hold more than 50% of its units at the beginning and end of the period.
 (2) For the purposes of other provisions of this Schedule, the abnormal trading occurs immediately before the end of the period.

269‑45  Time at which trustee to have knowledge or suspicion
  For the purposes of section 269‑20, 269‑30 or 269‑40, the trustee must have the knowledge or reasonable suspicion mentioned in that section:
 (a) if the section is being applied in determining for the purposes of section 268‑20 whether an abnormal trading occurred—at some time during the income year mentioned in that section; or
 (b) if it is being applied in determining for the purposes of any other provision whether an abnormal trading occurred during a period—at some time during the period.

269‑47  Abnormal trading where holding trust

Holding trust and subsidiary trust
 (1) If a unit trust has fixed entitlements directly or indirectly to all of the income and capital of another unit trust:
 (a) the first trust is a holding trust of the second; and
 (b) the second is a subsidiary trust of the first.

Abnormal trading causing or ending holding‑subsidiary relationship
 (2) The transaction that causes a trust to become, or