Document ID: chunk:federal_register_of_legislation:C2024C00866:section:52za:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 52ZA (pt 2/2)
Character Range: 810427–811836

amount, see subsection 52ZAAA(1).
Note 4: For pension age see section 5QA.
Note 5: For qualifying age see section 5Q.

Attributable stakeholder of a company or trust
 (3) This subsection applies to a person if:
 (a) either:
 (i) the person is an attributable stakeholder of a company or trust (within the meaning of Division 11A); or
 (ii) the person is a member of a couple and the other member of the couple is an attributable stakeholder of a company or trust (within the meaning of Division 11A); and
 (b) the company or trustee has given the Commonwealth a guarantee that the company or trustee will pay any debt that may become payable to the Commonwealth by the person under this Subdivision; and
 (c) the company's or trustee's liability under the guarantee is secured by a charge against specified real property of the company or trust in Australia; and
 (d) the Commission is satisfied that the value of the specified real property is sufficient to secure the payment of any amount that may become payable by the company or trustee under the guarantee; and
 (e) the Commission has, by writing, approved the guarantee and the charge.

Value of real property
 (4) In working out the value of real property for the purposes of subparagraph (1)(e)(i) or (2)(e)(i) or paragraph (3)(d):
 (a) disregard section 52C; and
 (b) the Commission may take into account any charge or encumbrance over the property.