Document ID: chunk:federal_register_of_legislation:F2025L00273:reg:17
Version: federal_register_of_legislation:F2025L00273
Segment Type: reg
Provision Reference: reg 17
Character Range: 8027–8871

17  Application of asset disposal provisions where value of asset decreased after disposal

        1.     This section applies if:

           1.     an asset is disposed of by an individual to a company or trust; and
           2.     on 1 January 2002, the asset is owned by the company or trust; and
           3.     on 1 January 2002, the value of the asset is less than it was at the time of its disposal; and
           4.     the decrease in the value of the asset is not attributable to any conduct that the Commission reasonably believes was intended to avoid the operation, or minimise the effect, of Division 11A of Part IIIB of the Act.

        1.     The Commission must consider whether, in all the circumstances, the application of the asset disposal provisions would be unfair or unreasonable in relation to the individual.