64Definitions

64 Definitions

(1) In this Division—

S. 64(1) def. of discretionary trust inserted by No. 69/2011 s. 31(1).

discretionary trust means a trust under which the distribution or vesting of the whole or any part of the trust income or property—

(a) is required to be determined by a person either in respect of the identity of the beneficiaries or the quantum of interest to be taken, or both; or

(b) will occur in the event that a discretion conferred under the trust is not exercised;

S. 64(1) def. of greater Melbourne substituted by Nos 85/2006 s. 173(Sch. 1 item 3.1), 40/2014 s. 22(1)(b).

greater Melbourne means the aggregate area consisting of—

(a) the area within the municipal district of each Council listed in Part 1 of Schedule 2; and

(b) the area within an urban growth boundary specified in a planning scheme that is in force in the municipal district of each Council listed in Part 2 of Schedule 2;

S. 64(1) def. of planning scheme inserted by No. 40/2014 s. 22(1)(a).

planning scheme means a planning scheme to which the Planning and Environment Act 1987 applies;

primary production means—

(a) cultivation for the purpose of selling the produce of cultivation (whether in a natural, processed or converted state); or

(b) the maintenance of animals or poultry for the purpose of selling them or their natural increase or bodily produce; or

(c) the keeping of bees for the purpose of selling their honey; or

(d) commercial fishing, including the preparation for commercial fishing or the storage or preservation of fish or fishing gear; or

(e) the cultivation or propagation for sale of plants seedlings mushrooms or orchids;

proprietary company has the same meaning as in the Corporations Act;

relevant period, in relation to a proprietary company means, for any point in time—

(a) the previous 3 years; or

(b) the period since the incorporation of the company—

whichever is the shorter;

S. 64(1) def. of specified beneficiary inserted by No. 69/2011 s. 31(1), repealed by No. 26/2015 s. 36.

S. 64(1) def. of urban growth boundary inserted by No. 40/2014 s. 22(1)(a).