Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_6:p37
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 37/63)
Character Range: 430828–433585

national interest.
 (5) An economic infrastructure facility is a facility that is any of the following:
 (a) transport infrastructure;
 (b) energy infrastructure;
 (c) communications infrastructure;
 (d) water infrastructure.
 (6) An approval under subsection (4):
 (a) must be in writing; and
 (b) must specify the facility, or the improvement, that is approved; and
 (c) must specify the date on which the approval comes into force; and
 (d) may contain any other information that the Treasurer considers appropriate.
 (7) The Treasurer may publish an approval under subsection (4) in any way that he or she considers appropriate.
 (8) If the Treasurer decides not to approve the facility, or the improvement to a facility, specified in the application under subsection (3), the Treasurer must notify the applicant of the decision, in writing, as soon as practicable after making the decision.

12‑440  Transitional—MIT cross staple arrangement income
 (1) This section applies if:
 (a) before 27 March 2018, an *Australian government agency:
 (i) decided to approve the *acquisition, creation or lease of a facility; and
 (ii) publicly announced that decision; and
 (iii) took significant preparatory steps to implement that decision; and
 (b) either:
 (i) a *cross staple arrangement was entered into in relation to the facility before 27 March 2018; or
 (ii) it was reasonable on 27 March 2018 to conclude that a cross staple arrangement will be entered into in relation to the facility; and
 (c) all the entities that are *stapled entities in relation to the cross staple arrangement already existed before 27 March 2018; and
 (d) each entity that is a stapled entity in relation to the cross staple arrangement has made a choice in accordance with subsection (5).
 (2) This section also applies if:
 (a) any of the following applies:
 (i) an entity entered into a contract before 27 March 2018 for the *acquisition, creation or lease of a facility;
 (ii) an entity owns, or is the lessee of, a facility at a time before 27 March 2018; and
 (b) either:
 (i) a *cross staple arrangement was entered into in relation to the facility before 27 March 2018; or
 (ii) it was reasonable on 27 March 2018 to conclude that a cross staple arrangement will be entered into in relation to the facility; and
 (c) all the entities that are *stapled entities in relation to the cross staple arrangement already existed before 27 March 2018; and
 (d) each entity that is a stapled entity in relation to the cross staple arrangement has made a choice in accordance with subsection (5).
 (3) An amount included in the assessable income for an income year of a *managed investment trust is not MIT cross staple arrangement income of the managed investment trust if:
 (a)