Document ID: chunk:federal_register_of_legislation:F2024C01235:reg:7:p2
Version: federal_register_of_legislation:F2024C01235
Segment Type: reg
Provision Reference: reg 7 (pt 2/3)
Character Range: 27412–30058

and
 (ii) in a way other than being engaged solely in agency activities, including the sale of goods or services that cannot reasonably be regarded as undertaken in the region; and
 (iii) by having its administration in the region.
 (5B) For the purposes of working out under subsection (5A) whether a branch of an entity is an enterprise of Hong Kong, China, subsection (5A) applies as if:
 (a) paragraphs (5A)(a) and (c) were omitted; and
 (b) subsection (5A) also required the entity to be of a kind mentioned in subsections (2) to (4) for Hong Kong, China.

When entities or branches are not enterprises of a country
 (6) An entity, or a branch of an entity, (within the ordinary meaning of the term) is not an enterprise of a particular country if the Treasurer is satisfied that:
 (a) it is owned or controlled by one or more persons of another country; and
 (b) any one or more of the following applies:
 (i) Australia does not maintain diplomatic relations with the other country;
 (ii) Australia adopts or maintains measures relating to the other country or a person of the other country that have the effect of prohibiting transactions with the entity or branch;
 (iii) the entity or branch has no substantial business activities in the particular country.
 (7) Without limiting subsection (6), an entity, or a branch of an entity, (within the ordinary meaning of the term) is not an enterprise of China if the Treasurer is satisfied that:
 (a) it is owned or controlled by one or more of the following:
 (i) an individual who is usually resident in the territory of a relevant World Trade Organization member;
 (ii) an entity that is constituted or organised under a law of a relevant World Trade Organization member; and
 (b) the entity or branch has no substantial business activities in China.

When entities or branches are not enterprises of a region—general
 (8) An entity, or a branch of an entity, (within the ordinary meaning of the term) is not an enterprise of a particular region of a country if the Treasurer is satisfied that:
 (a) it is owned or controlled by one or more persons of another country; and
 (b) any one or more of the following applies:
 (i) Australia does not maintain diplomatic relations with the other country;
 (ii) Australia adopts or maintains measures relating to the other country or a person of the other country that have the effect of prohibiting transactions with the entity or branch;
 (iii) the entity or branch has no substantial business activities in the particular region;
and the particular region is not Hong Kong, China.

When entities or branches are not enterprises of a region—Hong