Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 3) 1994 No. 138 of 1994 - SECT 148

148. Section 15B of the Principal Act is repealed and the following section is
substituted: Post-trial sale or post-trial lease

"15B.(1) A sale by a person ('the claimant') is a post-trial sale and a lease
by a person (also 'the claimant') is a post-trial lease if:

   (a)  the sale or lease occurs after one or more exempt trial-leases or
        exempt trial-loans in relation to the goods; and

   (b)  in the case of a lease-the lease is for the remainder of the statutory
        period; and

   (c)  the purchaser or lessee, at or before the time of the sale or lease,
        gives evidence to the claimant, in a form approved by the
        Commissioner, of the purchaser's or lessee's intended use of the goods
        during the remainder of the statutory period so as to satisfy an
        exemption Item; and

   (d)  immediately before the first exempt trial-lease or exempt trial-loan
        the goods were assessable goods; and

   (e)  in the period starting at the end of the exempt trial-lease or exempt
        trial-loan referred to in paragraph (d) and ending at the time of the
        sale or lease:

        (i)    the goods were not sold by the claimant; and

        (ii)   any AOU of the goods was an exempt trial-lease or an exempt
               trial-loan.

"(2) In this section:
'exempt trial-lease' means a lease of goods where, before the end of the
lease, the person to whom the goods are leased gives evidence to the lessor,
in a form approved by the Commissioner, that the lessee used, or intended to
use, the goods during the lease so as to satisfy an exemption Item;
'exempt trial-loan' means a loan of goods where, before the end of the loan,
the person to whom the goods are lent gives evidence to the lender, in a form
approved by the Commissioner, that the person used, or intended to use, the
goods during the loan so as to satisfy an exemption Item.

"(3) A reference in subsection (1) or (2) to a loan includes a reference to a
demonstration, and, in relation to a demonstration, a reference in that
subsection to use of goods by a person includes use by another person
demonstrating the goods to the person.".