Document ID: chunk:federal_register_of_legislation:C2010C00577:clause:4_10
Version: federal_register_of_legislation:C2010C00577
Segment Type: clause
Provision Reference: sch 4 cl 10
Character Range: 57702–58390

10  After subsection 58‑75(5)
Insert:

 (5A) Assume that section 40‑102 did not apply to a *privatised asset unless all of the following are satisfied:
 (a) it is an entity sale situation within the meaning of section 58‑5;
 (b) a *capped life applies to the asset under subsection 40‑102(4) or (5) at both the asset's *start time and the *transition time;
 (c) the *transition entity chooses, for the purposes of this section, to have section 40‑102 apply to the asset.
If section 40‑102 is to be applied to the asset, disregard paragraphs 40‑102(2)(a) and (b) and assume that the relevant time for the purposes of the application of that section to the asset were the transition time.