INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 10AAA - Transport of minerals and quarry materials  

Subdivision A - Transport of certain minerals  

SECTION 123   INTERPRETATION  

123(1)   [Definitions]  

In this Subdivision:

housing and welfare facilities
means:

(a) residential accommodation;

(b) health, education, recreational or other similar facilities;

(c) facilities for the provision of meals; and

(d) works carried out directly in connexion with residential accommodation or in connexion with facilities of a kind mentioned in paragraph (b) or (c), including works for the provision of water, light, power, access or communications.

petroleum
does not include petroleum that has been treated at a refinery.

prescribed body
means:

(a) the Commonwealth, a State or the Administration of a Territory; or

(b) a public authority:

(i) that is constituted by or under a law of the Commonwealth, of a State or of a Territory; and

(ii) the income of which is wholly exempt from income tax.

prescribed mining operations
has the same meaning as it has in Subdivision A of Division 10 .

processed materials
means:

(a) materials resulting from the treatment of minerals;

(b) materials resulting from sintering or calcining;

(c) pellets or other agglomerated forms of iron;

(d) alumina and blister copper; and

(e) such other materials, or materials resulting from such other processes, as are prescribed.

treatment
has the same meaning as it has in Subdivision A of Division 10 .

123(1A)   [Port facilities included]  

In this Subdivision, a reference to a railway, road, pipe-line or other facility shall be read as including a reference to a port facility or other facility for ships.

123(2)   [Capital expenditure on a railway, etc]  

In this Subdivision, a reference to capital expenditure on a railway, road, pipe-line or other facility shall be read as including a reference to capital expenditure incurred by a person:

(a) in obtaining a right, whether by means of a licence, permit or otherwise, to construct or install a railway, road, pipe-line or other facility, or a part of a railway, road, pipe-line or other facility, on land owned or leased by another person or in an adjacent area within the meaning of section 6AA ;

(b) in paying compensation in respect of any damage or loss caused by the construction or installation of a railway, road, pipe-line or other facility or of a part of a railway, road, pipe-line or other facility;

(c) on earthworks, bridges, tunnels and cuttings that are necessary for a railway, road, pipe-line or other facility; or

(ca) where the person is a prescribed body - on railway rolling-stock,

but as not including a reference to expenditure in respect of:

(d) road vehicles or ships;

(da) except as mentioned in paragraph (ca) - railway rolling-stock; or

(e) housing and welfare facilities, or works for the provision of water, light or power, in connexion with a port facility or other facility for ships.