Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A beneficiary of a trust estate is specifically entitled to an amount of a * franked distribution made to the trust estate in an income year equal to the amount calculated under the following formula:
where:
"net financial benefit" means an amount equal to the * financial benefit that is referable to the * franked distribution (after any application by the trustee of expenses that are directly relevant to the franked distribution).
"share of net financial benefit" means an amount equal to the * financial benefit that, in accordance with the terms of the trust:
(a) the beneficiary has received, or can be reasonably expected to receive; and
(b) is referable to the * franked distribution (after application by the trustee of any expenses that are directly relevant to the franked distribution); and
(c) is recorded, in its character as referable to the franked distribution, in the accounts or records of the trust no later than the end of the income year.
(2) To avoid doubt, for the purposes of subsection (1), something is done in accordance with the terms of the trust if it is done in accordance with:
(a) the exercise of a power conferred by the terms of the trust; or
(b) the terms of the trust deed (if any), and the terms
applicable to the trust because of the operation of legislation, the common
law or the rules of equity.