Document ID: chunk:federal_register_of_legislation:C2011A00136:clause:1_2
Version: federal_register_of_legislation:C2011A00136
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 3349–4391

2  At the end of section 385‑163
Add:
 (4) However, in the case of a trust, a disentitling event does not happen if:
 (a) either:
 (i) the disentitling event is covered by paragraph 3(c); or
 (ii) the disentitling event is covered by paragraph 3(d) and a beneficiary leaves Australia permanently, or it appears to the Commissioner that a beneficiary is about to do so; and
 (b) the Commissioner makes a determination under subsection (5).
 (5) The Commissioner may make a determination for the purpose of subsection (4) if it is fair and reasonable to do so having regard to:
 (a) the nature of the *disentitling event to which subsection (3) applies; and
 (b) any relevant circumstances relating to the beneficiary mentioned in paragraph (3)(c) or (d); and
 (c) any other relevant circumstances relating to the trust; and
 (d) any other matters the Commissioner considers relevant.
 (6) A determination made under subsection (5) must be made in writing.
 (7) The Commissioner must give the trustee of the trust a copy of the determination.