Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 473

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

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

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

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

                     (b)  assuming that period had been a year of income:

                              (i)  the trust would have been a corporate unit trust and a resident unit trust for the purposes of Division 6B of Part III in relation to that year of income; or

                             (ii)  the trust would have been a public trading trust and a resident unit trust for the purposes of Division 6C of Part III in relation to that year of income.