Document ID: chunk:federal_register_of_legislation:F2024L00964:reg:35:p2
Version: federal_register_of_legislation:F2024L00964
Segment Type: reg
Provision Reference: reg 35 (pt 2/2)
Character Range: 75012–77149

unit of property was not used, and was not intended to be used, in the relevant operation or any other relevant operation; and
 (b) the unit of property was later used in the relevant operation (otherwise than under a tolling arrangement in relation to the relevant operation); and
 (c) before the unit of property was first used as mentioned in paragraph (b), the unit of property was not used to carry out any of the actions mentioned in section 8 in relation to any relevant operation.
Note: The actions mentioned in section 8 all relate to petroleum recovered from a petroleum project. This means that the unit of property may have previously been used to process petroleum that was not recovered from a petroleum project. (For the meaning of petroleum project, see sections 19 and 20 of the Act.)
 (10) Include a capital cost incurred in relation to a brought‑in unit of property to the extent that all of the following apply to the cost:
 (a) the cost was incurred by a person who was the owner, or an owner, of the unit of property at the time the cost was incurred;
 (b) the cost was incurred in respect of the construction, improvement or maintenance of the unit of property;
 (c) the cost was not a payment or allowance between owners of the unit of property;
 (d) the cost was incurred before the 31 December of the year of tax in which the unit of property was first used to carry out any of the actions mentioned in section 8 in relation to the relevant operation;
 (e) the cost was not incurred for the purpose of preparing the unit of property to be used in the relevant operation;
 (f) either or both of subparagraphs 40(1)(c)(ii) and (iii) apply to the cost.
 (11) A cost included under subsection (10) may be treated as a cost partly attributable to the operation if the brought‑in unit of property has also been used to carry out any of the actions mentioned in section 8 in relation to another relevant operation.
 (12) If a cost included under subsection (10) is only partly attributable to the relevant operation, the amount of the cost is taken to be the amount that can reasonably be apportioned to the operation.