The ATO will be looking at blatant tax avoidance. The key for them is PROVING your intent.
Therefor sell the loss making & profit making shares together & lock in your profit/losses.
Then wait a few days to one week, then buy them back. They will not be bothered with that as they cant prove deliberate intent. It probably wont even come on their radar. If you did get a query (you wont) .. you just say they gave technial buy signal (the probably did), and that you wanted to buy them again (which you did) ... all above board.
If you buy them back a week later & they have risen a few cents, no matter, you will still be in front.
As the other guys have mentioned you dont only DECLARE half your profits ... you declare them all & then the 50% is discount is applied ... see your tax agent
