Page 2310 - Week 09 - Tuesday, 15 September 1992

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Clauses 4 to 6 agreed to.

Clause 7

MR KAINE (Leader of the Opposition) (9.58): I move:

Page 3, line 12, omit paragraphs 7(a), (b) and (c), substitute the following paragraphs:

"(a) by omitting paragraph (1)(a) and substituting the following paragraph:

'(a) a parcel of land leased for residential purposes that -

 (i) on the prescribed date, was a place of residence of a person; and

 (ii) is not used to produce income;';

"(b) by omitting sub-subparagraph (1)(b)(ii)(A) and substituting the following sub-subparagraph:

  '(A) and was intended to be used as the place of residence of a person; or';

"(c) by omitting subsection (1A) and substituting the following subsection:

  '(1A) For the purposes of paragraph (1)(a), a parcel of land shall not be taken to be used to produce income by reason only that it is used for that purpose during a period when the parcel is not occupied by the person referred to in subparagraph (1)(a)(i) if that period does not exceed -

(a) if the reason for the person's absence is related to his or her employment or occupation -

 (i) 3 years if he or she occupies the parcel for a continuous period of 2 years in any period of 5 years that commenced on the relevant prescribed date; or

 (ii) a period exceeding 3 years that is agreed with the Commissioner if the Commissioner is satisfied that the person intends to retain the parcel as his or her residence on resuming occupation at the end of that agreed period;

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