A NEW TAX SYSTEM (AUSTRALIAN BUSINESS NUMBER) ACT 1999 (ARCHIVE)

PART 4 - RULES FOR INTERPRETING THIS ACT  

Division 14 - Meaning of some important concepts  

SECTION 37 (ARCHIVE)   ENTITY  

37(1)   [Definition]  

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.

Note:

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.

 View history note

37(2)   [Trustee]  

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.

Note:

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.

Example:

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.

    37(4)   [Entity]  

    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.

    Example:

    A provision that refers to a company does not cover a company in a capacity as trustee, unless it also refers to a trustee.

     

    Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

    CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

    The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.