Commonwealth Consolidated Acts

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AUSTRALIAN AIRLINES (CONVERSION TO PUBLIC COMPANY) ACT 1988 - SECT 38

Holding company deemed non - existent before issue of shares in transferring body

  (1)   This section has effect for the purposes of the Tax Act if:

  (a)   shares in the transferring body are issued under subsection 11(3) of this Act to the holding company; and

  (b)   the holding company was dormant, within the meaning of Part   VI of the Companies Act 1981 , throughout the period beginning when it was incorporated and ending immediately before the shares are so issued.

  (2)   For the purposes of determining whether the holding company is a group company in relation to a body corporate in relation to a period, the holding company shall be deemed not to have been in existence at any time during the period referred to in paragraph   ( 1)(b).



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