Document ID: chunk:federal_register_of_legislation:C2010C00300:clause:4_1
Version: federal_register_of_legislation:C2010C00300
Segment Type: clause
Provision Reference: sch 4 cl 1
Character Range: 17009–18787

1  Paragraph 40‑365(2)(c)
Repeal the paragraph, substitute:
 (c) the original asset is acquired by an entity (other than an Australian government agency or a *foreign government agency) under a power of compulsory acquisition conferred by a law covered under subsection (2A); or
 (d) you dispose of the original asset to an entity (other than a foreign government agency) in circumstances meeting all of these conditions:
 (i) the disposal takes place after a notice was served on you by or on behalf of the entity;
 (ii) the notice invited you to negotiate with the entity with a view to the entity acquiring the asset by agreement;
 (iii) the notice informed you that if the negotiations were unsuccessful, the asset would be compulsorily acquired by the entity;
 (iv) the compulsory acquisition would have been under a power of compulsory acquisition conferred by a law covered under subsection (2A); or
 (e) you dispose of land onto which the original asset was fixed to an entity (other than a foreign government agency) in circumstances meeting all of these conditions:
 (i) a mining lease was compulsorily granted over the land;
 (ii) the lease significantly affected your use of the land;
 (iii) the lease was in force just before the disposal;
 (iv) the entity to which you dispose of the land was the lessee under the lease; or
 (f) you dispose of land onto which the original asset was fixed to an entity (other than a foreign government agency) in circumstances meeting all of these conditions:
 (i) a mining lease would have been compulsorily granted over the land if you had not disposed of it;
 (ii) that lease would have significantly affected your use of the land;
 (iii) the entity to which you dispose of the land would have been the lessee under the lease.