23KSubstitution of certain securities

23K  Substitution of certain securities central borrowing authority means:  (a) the New South Wales Treasury Corporation;  (b) the Victorian Public Authorities Finance Agency;  (c) the Victoria Transport Borrowing Agency;  (d) the Queensland Government Development Authority;  (e) the Treasurer of the State of Western Australia;  (f) the South Australian Government Financing Authority;  (g) the Local Government Finance Authority of South Australia;  (h) any other public authority of a State, being a public authority that is empowered to issue securities in the manner referred to in paragraph (2)(a). public authority includes a Minister of the Crown in right of a State, a municipal corporation and any other local government body. security means stock, a bond or debenture, or any other document evidencing the indebtedness of a person, whether or not the debt is secured.  (2) For the purposes of this section, a person shall be taken to have issued a security (in this subsection referred to as the substituted security) to a taxpayer in substitution for another security (in this subsection referred to as the original security) held by the taxpayer if and only if:  (a) the substituted security was issued by the person to the taxpayer in exchange for the surrender or transfer of, or otherwise in replacement or substitution for, the original security; and  (b) the terms and conditions provided for by the substituted security were identical in all material respects to those provided for by the original security.  (a) but for this subsection, a person would be taken to have issued a security (in this subsection referred to as the substituted security) to a taxpayer in substitution for another security (in this subsection referred to as the original security) held by the taxpayer; and  (b) either or both of the following conditions is or are satisfied:  (i) an amount was payable by the taxpayer by way of consideration for the issue of the substituted security; or  (ii) an amount was payable to the taxpayer by way of consideration for the surrender, transfer, replacement or substitution of the original security; the person shall not be taken for the purposes of this section to have issued the substituted security in substitution for the original security.  (a) under terms and conditions provided for by a security, the day on which interest is payable in respect of a period is different from that on which interest is payable in respect of the same period under another security; and  (b) the terms and conditions provided for by the securities are otherwise identical in all material respects;  (c) if the days on which the interest is payable are separated by an interval not exceeding 31 days—the terms and conditions provided for by the 2 securities shall, for the purposes of paragraph (2)(b), be taken to be identical in all material respects; and  (d) in any other case—the terms and conditions provided for by the 2 securities shall, for the purposes of paragraph (2)(b), be taken not to be identical in all material respects.  (5) Where, on or after 8 August 1984, a central borrowing authority issued or issues a security (in this subsection referred to as the substituted security) to a taxpayer in substitution for another security (in this subsection referred to as the original security) held by the taxpayer that was issued by a public authority other than the central borrowing authority:  (a) the substituted security shall, for the purposes of this Act, be deemed to be a continuation of the original security on the terms and conditions provided for by the substituted security; and  (b) no amount shall, in respect of the issue of the substituted security or the surrender, transfer, replacement or substitution of the original security, be included in, allowable as a deduction from or taken into account in ascertaining any amount included in or allowable as a deduction from, the assessable income of any taxpayer in respect of any year of income.