Commonwealth Consolidated Regulations

INCOME TAX ASSESSMENT REGULATIONS 1997 - REG 995.1.04

                For the definition of constitutionally protected fund in subsection 995‑1 (1) of the Act, a fund:

                (a)    of the kind to which, in the absence of item 5.3 of section 50‑25 of the Act, Division 295 of the Act would apply; and

               (b)    established by:

                          (i)    a State Act mentioned in Schedule 4; or

                         (ii)    a specified provision of a State Act mentioned in Schedule 4;

is a constitutionally protected fund.