(a) a choice was made under subsection 104 - 165(2) of the Income Tax Assessment Act 1997 ; and
(b) because of the choice, an asset is taken to have the necessary connection with Australia under subsection 104 - 165(3) of the Income Tax Assessment Act 1997 just before the commencement of Schedule 4 of the Tax Laws Amendment (2006 Measures No. 4) Act 2006 .
(2) To avoid doubt, the choice has effect for the purposes of subsection 104 - 165(3) of the Income Tax Assessment Act 1997 as in force on and after that commencement.
Note: This means that the asset will be taxable Australian property
under the Income Tax Assessment Act 1997 as in force on and after that
commencement.