Document ID: chunk:federal_register_of_legislation:C2010C00685:clause:3_1:p4
Version: federal_register_of_legislation:C2010C00685
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 4/9)
Character Range: 72795–75584

Australia that are reasonably necessary for a *land transport facility to be able to operate for the purpose for which it was constructed.

 (4) The following are examples of *related facilities:
 (a) *plant and other equipment (for example, rolling stock in the case of a railway) for use in operating the *land transport facility;
 (b) buildings or other structures from which staff are to operate the land transport facility;
 (c) buildings or other structures for storing freight, cargo, plant, fuel, stores or equipment;
 (d) stations or passenger or freight terminals;
 (e) maintenance facilities.

 (5) A road, road bridge or road tunnel to provide access to a *land transport facility that is a railway is not a related facility (or part of the land transport facility itself).

 (6) A railway, railway bridge or railway tunnel to provide access to a *land transport facility that is a road is not a related facility (or part of the land transport facility itself).

Note: Items 20 and 21 of Schedule 3 to the Taxation Laws Amendment Act (No. 1) 1998 treat certain facilities as if they were land transport facilities or related facilities.

396‑50  Who can be approved as a borrower?

 (1) An entity can only be approved as a borrower in relation to a particular project if the entity is:
 (a) an incorporated body; or
 (b) a *corporate limited partnership; or
 (c) a *corporate unit trust; or
 (d) a *public trading trust;
and intends to continue to be that type of entity for the period covered by the agreement.

 (2) An entity cannot be approved as a borrower if the entity is making the *borrowing in partnership with another entity.

 (3) An entity cannot be approved as a borrower if the entity:
 (a) is a government body (within the meaning of subsection 93D(1) of the Development Allowance Authority Act 1992); or
 (b) is government owned (within the meaning of subsection 93I(3) of that Act);
unless the entity is covered by subsection 93I(4) of that Act.

396‑55  Who can be a lender?

  A lender must be an Australian resident for the whole of an income year to be entitled to a *tax offset under this Division for that income year.

Subdivision 396‑D—Application, approval and agreement process

Guide to Subdivision 396‑D

      This Subdivision sets out the process for applications to be made and approved and agreements to be entered into.

Table of sections

Operative provisions

396‑60 Applications
396‑65 Minister or Commissioner may seek more information
396‑70 Minister for Transport and Regional Development to consider applications
396‑75 Selection criteria
396‑80 Land transport facilities borrowings agreements
396‑85 Conditions to be in all agreements
396‑90 Variation of agreements

[This is the end of the Guide.]

Operative provisions

396‑60