A NEW TAX SYSTEM (AUSTRALIAN BUSINESS NUMBER) ACT 1999 (ARCHIVE)
Entity means any of the following:
(a) an *individual;
(b) a body corporate;
(c) a corporation sole;
(d) a body politic;
(e) a *partnership;
(f) any other unincorporated association or body of *persons;
(g) a trust;
(h) a *superannuation fund.
The term entity is used in a number of different but related senses. It covers all kinds of legal person. It also covers groups of legal persons, and other things, that in practice are treated as having a separate identity in the same way as a legal person does.37(1A) [Non-entity joint venture]
Paragraph (1)(f) does not include a *non-entity joint venture.
The trustee of a trust or of a *superannuation fund is taken to be an entity consisting of the *person who is the trustee, or the persons who are the trustees, at any given time.
This is because a right or obligation cannot be conferred or imposed on an entity that is not a legal person.37(3) [Legal person]
A legal *person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different entity.
In addition to his or her personal capacity, an individual may be:
• sole trustee of one or more trusts; and • one of a number of trustees of a further trust.
In his or her personal capacity, he or she is one entity. As trustee of each trust, he or she is a different entity. The trustees of the further trust are a different entity again, of which the individual is a member.
If a provision refers to an entity of a particular kind, it refers to the entity in its capacity as that kind of entity, not to that entity in any other capacity.
A provision that refers to a company does not cover a company in a capacity as trustee, unless it also refers to a trustee.
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