Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 338

                   For the purposes of this Part, a trust is an Australian trust at a particular time (in this section called the test time ) if:

                     (a)  at any time in the period of 12 months immediately before the test time:

                              (i)  any trustee of the trust was a Part X Australian resident; or

                             (ii)  the central management and control of the trust was in Australia; or

                     (b)  the trust is a corporate unit trust for the purposes of Division 6B of Part III, or a public trading trust for the purposes of Division 6C of Part III, in relation to the year of income of the trust in which the test time occurs.