Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 159

159. (1) For the purpose only of determining whether a person is an associate
of another person within the meaning of this Act, the Income Tax Assessment
Act 1936 applies as if a reference in that Act to the spouse of a person
included a reference to a person who is a spouse of the person for the
purposes of this Act.

(2) For the purposes of this Act, but without limiting the generality of the
expression "associate"-

   (a)  a company that is related to another company shall be deemed to be an
        associate of that other company;

   (b)  the Commonwealth shall be deemed to be an associate of each authority
        of the Commonwealth;

   (c)  an authority of the Commonwealth shall be deemed an associate of each
        other authority of the Commonwealth;

   (d)  a State shall be deemed to be an associate of each authority of the
        State;

   (e)  an authority of a State shall be deemed to be an associate of each
        other authority of the State;

   (f)  a Territory shall be deemed to be an associate of each authority of
        the Territory; and

   (g)  an authority of a Territory shall be deemed to be an associate of each
        other authority of the Territory.

(3) Where a person is an associate of another person by virtue of paragraph
(2) (b), (c), (d), (e), (f) or (g), Part III has effect as if those persons
were companies and were related to each other.
(4) For the purposes of this Act, the definition of "associate" in section
26AAB of the Income Tax Assessment Act 1936 has effect as if-

   (a)  sub-paragraph (a) (ii) of that definition were omitted and the
        following sub-paragraph were substituted:

"(ii) a partner of the taxpayer or a partnership in which the taxpayer is or
was a partner (whether or not the partnership still exists);"; and

   (b)  sub-paragraph (b) (i) of that definition were omitted and the
        following sub-paragraph were substituted:

"(i) a partner of the taxpayer or a partnership in which the taxpayer is or
was a partner (whether or not the partnership still exists);".