(1) In applying a test for the purposes of this Division other than Subdivision 165 - CC, * shares are taken not to have carried particular rights during a part of the * ownership test period if the Commissioner is satisfied that:
(a) the shares stopped carrying those rights after the ownership test period; or
(b) the shares will or may stop carrying those rights after the ownership test period;
because of:
(c) the company's * constitution as in force at some time during the ownership test period; or
(d) an * arrangement entered into before or during the ownership test period.
(2) In applying a test for the purposes of Subdivision 165 - CC, * shares are taken not to have carried particular rights after a particular time if the Commissioner is satisfied that:
(a) the shares stopped carrying those rights after that time; or
(b) the shares will or may stop carrying those rights after that time;
because of:
(c) the company's * constitution as in force at any time; or
(d) an * arrangement entered into at any time.