Section 6CA — Income Tax Assessment Act 1936: Source of natural resource income derived by a non-resident

(1) In this section: double tax agreement means an agreement within the meaning of the International Tax Agreements Act 1953. natural resource income means income that: (a) is derived by a non-resident; and (b) is calculated, in whole or in part, by reference to the value or quantity of natural resources produced, recovered or produced and recovered, in Australia after 7 April 1986; but does not include: (c) income that consists of royalty; or (d) income where: (i) on 7 April 1986, the non-resident had a continuing entitlement to receive the income; (ii) the income was derived by the non-resident pursuant to that continuing entitlement; (iii) the non-resident was, at 5 o’clock in the afternoon, by standard time in the Australian Capital Territory on 7 April 1986, a resident, within the meaning of a double tax agreement, of a foreign country in respect of which the double tax agreement was in force; (iv) before 8 April 1986, the Commissioner had given a statement in writing to the effect that income tax would be levied on 50% of income included in a specified class of income; and (v) the income is included in that class of income. (2) For the purposes of Divisions 5 and 6 of Part III, natural resource income shall be deemed to be attributable to sources in Australia. (3) For the purposes of section 255 of this Act and sections 6-5 and 6-10 of the Income Tax Assessment Act 1997, natural resource income shall be deemed to have been derived from a source in Australia.