INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 4 - Leases  

SECTION 83AA   APPLICATION OF DIVISION  

83AA(1)   [Date of grant of lease]  

Subject to this section, this Division does not apply to or in relation to a lease other than a lease granted on or before, or in pursuance of an agreement entered into on or before, 22 October 1964.

83AA(2)   [Date of assignment or surrender]  

This Division, other than section 85 , does not apply in relation to the assignment or surrender of a lease unless the assignment or surrender -


(a) took effect on or before 22 October 1964; or


(b) takes effect after that date in pursuance of an agreement entered into on or before that date.

83AA(3)   [Assignment or surrender after 22 October 1964]  

In relation to the assignment or surrender after 22 October 1964 of a lease, section 85 does not apply unless the assignment or surrender is made by a person who acquired the lease on or before that date or in pursuance of an agreement entered into on or before that date, or by a person who succeeded to the lease upon the death of such a person, and does not apply -


(a) in relation to an amount referred to in paragraph 85(1)(b) that was paid in effecting improvements other than improvements referred to in subsection 88(2) , unless the assignment or surrender is made in pursuance of an agreement entered into on or before that date; or


(b) in relation to an amount that was paid for the purpose referred to in paragraph 85(1)(c) , unless the amount was paid on or before that date or in pursuance of an agreement entered into on or before that date.

83AA(4)   [Improvements made after 22 October 1964]  

Where, after 22 October 1964, improvements are made on land the subject of a lease with the written consent of the lessor of that land, sections 85 , 87 and 88 do not apply in relation to those improvements unless -


(a) the written consent was given on or before that date; or


(b) the Commissioner is satisfied that, on or before that date, the lessor had agreed, whether absolutely or subject to conditions, to give that consent and the written consent was given within a period after that date that the Commissioner, on the joint application in writing of the lessor and the lessee made not later than 60 days from that date or within such further time as the Commissioner allows, has approved (whether before or after the giving of the consent) as reasonable for the purposes of this subsection.

83AA(5)   [Crown and mining leases not affected]  

Nothing in the preceding provisions of this section applies in relation to -


(a) a lease from the Crown of land used for primary production; or


(b) a lease that is a mining lease within the meaning of section 88B , or any other lease of land for mining purposes.


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