Section 338 — Income Tax Assessment Act 1936: Australian trust

For the purposes of this Part, a trust is an Australian trust at a particular time (in this section called the test time) if: (a) at any time in the period of 12 months immediately before the test time: (i) any trustee of the trust was a Part X Australian resident; or (ii) the central management and control of the trust was in Australia; or (b) the trust is a public trading trust for the purposes of Division 6C of Part III, in relation to the year of income of the trust in which the test time occurs.