Document ID: chunk:federal_register_of_legislation:F2024C01235:reg:7:p1
Version: federal_register_of_legislation:F2024C01235
Segment Type: reg
Provision Reference: reg 7 (pt 1/3)
Character Range: 25149–27649

7  Meaning of enterprise of a country or region

Enterprise of a country
 (1) An enterprise of a country is:
 (a) an entity (within the ordinary meaning of the term) of a kind mentioned in subsections (2) to (4); or
 (b) a branch of an entity (within the ordinary meaning of the term) mentioned in subsection (5);
that is not excluded under subsection (6).

Enterprise of a region
 (1A) An enterprise of a region is:
 (a) an entity (within the ordinary meaning of the term) of a kind mentioned in subsections (2) to (4); or
 (b) a branch of an entity (within the ordinary meaning of the term) mentioned in subsection (5A);
that is not excluded under subsection (8) or (9).

Entity of a country or a region
 (2) The entity is constituted or organised under a law of the country or a law of the region.
Note: For references to a law of the United States of America or China, see sections 9 and 9A.
 (3) The form in which the entity may be constituted or organised may be, but is not limited to, any of the following forms:
 (a) a corporation;
 (b) a trust;
 (c) a partnership;
 (d) a sole proprietorship;
 (e) a joint venture;
 (f) an unincorporated association.
 (4) It is immaterial whether the entity:
 (a) is carried on for profit; or
 (b) is owned or controlled privately.

Branch of an entity of a country
 (5) A branch of an entity (within the ordinary meaning of the term) is an enterprise of a country if:
 (a) the entity is not described in subsections (2) to (4); and
 (b) the branch is located in the country; and
 (c) the branch is carrying on business activities in the country:
 (i) in a way other than being solely a representative office; 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 country; and
 (iii) by having its administration in the country.

Branch of an entity of a region
 (5A) A branch of an entity (within the ordinary meaning of the term) is an enterprise of a region if:
 (a) the entity is not described in subsections (2) to (4); and
 (b) the branch is located in the region; and
 (c) the branch is carrying on business activities in the region:
 (i) in a way other than being solely a representative office; 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)