Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For all purposes of this Act related directly or indirectly to:
(a) the exploration for minerals in, or the exploitation of the natural resources (being minerals) of:
(i) an eligible external Territory; or
(ii) a Petroleum Act offshore area; or
(iii) an Installations Act adjacent area by means of a sea installation installed in that area;
whether the exploration or exploitation is by the taxpayer concerned or by another person;
(b) the carrying on of an environment related activity in:
(i) an eligible external Territory; or
(ii) a Petroleum Act offshore area; or
(iii) an Installations Act adjacent area by means of a sea installation installed in that area;
whether the activity is carried on by the taxpayer concerned or by another person; or
(c) acts, matters, circumstances and things touching, concerning, arising out of or connected with any such exploration, exploitation or environment related activity;
including purposes in relation to the application of this Act in respect of income or profits derived from any such exploration, exploitation, environment related activity, act, matter, circumstance or thing, or in respect of dividends paid wholly or partly out of any such profits, the provisions of this Act have effect, subject to this section, as if:
(d) the whole of each eligible external Territory and each Petroleum Act offshore area were, and at all times had been, a part of Australia;
(e) each sea installation, when installed in the Installations Act adjacent area, were a part of Australia; and
(f) the Papua New Guinea offshore area were, and at all times had been, a part of Papua New Guinea.
(2) Where a company carries on business that:
(a) consists of exploration or exploitation, or an environment related activity, of a kind referred to in subsection (1); or
(b) arises out of or is connected with any such exploration, exploitation or environment related activity (whether by that company or by another person);
the company shall, for the purposes of the definition of resident or resident of Australia in subsection 6(1), be deemed to be carrying on business in Australia.
(4) For the purposes of this section:
(a) eligible external Territory means the area, whether land or water, within the territorial limits of:
(i) the Territory of Ashmore and Cartier Islands;
(ii) the Coral Sea Islands Territory; or
(iii) the Territory of Heard and McDonald Islands;
and includes the space above and below that area;
(b) environment related activity has the same meaning as in the Sea Installations Act 1987 ; and
(c) Installations Act adjacent area means an area that is an adjacent area for the purposes of the Sea Installations Act 1987 ;
(e) Petroleum Act offshore area means:
(i) an area that is an offshore area for the purposes of the Offshore Petroleum Act 2006 ; and
(ii) the Joint Petroleum Development Area within the meaning of the Petroleum ( Timor Sea Treaty) Act 2003 .
(5) Where, if the definition of sea installation in subsection 4(1) of the Sea Installations Act 1987 :
(a) extended to include:
(i) resources industry fixed structures and resources industry mobile units, within the meaning of subsections 4(2) and (3) of that Act;
(ii) partly constructed structures (including pipelines) or vessels that, when completed, are intended to be, or could be, structures or units referred to in subparagraph (i); and
(iii) the remains of structures (including pipelines) or vessels that have been structures, units or vessels referred to in subparagraph (i) or (ii); and
(b) did not include fishing boats, fishing equipment and pearling vessels;
a structure or vessel, or structures or vessels, would, by section 6 of that Act, be deemed for the purposes of that Act to be a sea installation installed in a particular area, the structure or vessel, or the structures or vessels, shall be taken for the purposes of this section to be a sea installation installed in that area.