Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A company satisfies the business continuity test if throughout the * business continuity test period it carries on the same * business as it carried on immediately before the * test time.
(2) However, the company does not satisfy the * business continuity test under this section if, at any time during the * business continuity test period, it * derives assessable income from:
(a) a * business of a kind that it did not carry on before the * test time; or
(b) a transaction of a kind that it had not entered into in the course of its business operations before the * test time.
(3) The company also does not satisfy the * business continuity test under this section if, before the * test time, it:
(a) started to carry on a * business it had not previously carried on; or
(b) in the course of its business operations, entered into a transaction of a kind that it had not previously entered into;
and did so for the purpose, or for purposes including the purpose, of being taken to have carried on throughout the * business continuity test period the same business as it carried on immediately before the test time.
(4) So far as the * business continuity test under this section is applied for the purpose of Subdivision 165 - B (which is about working out the taxable income and * tax loss for the income year of change of ownership or control), the company also does not satisfy the test if, at any time during the * business continuity test period, it incurs expenditure:
(a) in carrying on a * business of a kind that it did not carry on before the * test time; or
(b) as a result of a transaction of a kind that it had not entered into in the course of its business operations before the test time.