Income Tax Assessment Act 1936
For the purposes of this Division, a unit trust is a resident unit trust in relation to a year of income if, at any time during the year of income:
(a) either of the following conditions was satisfied:
(i) any property of the unit trust was situated in Australia;
(ii) the trustee of the unit trust carried on business in Australia; and
(b) either of the following conditions was satisfied:
(i) the central management and control of the unit trust was in Australia;
(ii) a person who was a resident or persons who were residents held more than 50% of:
(A) the beneficial interests in the income of the unit trust; or
(B) the beneficial interests in the property of the unit trust.
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