Commonwealth Consolidated Acts

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Attribution of assets

             (1)  For the purposes of this Act, if:

                     (a)  an individual is an attributable stakeholder of a company or trust at a particular time on or after 1 January 2002; and

                     (b)  at that time, the company or trust owns a particular asset (whether alone or jointly or in common with another entity or entities); and

                     (c)  if, at that time, that asset had been owned by the individual instead of by the company or trust, the value of the asset would not be required to be disregarded by any express provision of this Act; and

                     (d)  at that time, the asset is not an excluded asset (see subsection (2));

there is to be included in the value of the individual's assets an amount equal to the individual's asset attribution percentage of the value of the asset referred to in paragraph (b).

Note:          For attribution of the assets of a special disability trust, see section 1209Y.

Excluded assets

             (2)  The Secretary may, by writing, determine that, for the purposes of the application of subsection (1) to a specified individual and a particular company or trust, a specified asset is an excluded asset .

             (3)  A determination under subsection (2) has effect accordingly.

             (4)  In making a determination under subsection (2), the Secretary must comply with any relevant decision-making principles.

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