Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Division, unless the contrary intention appears:
"Australian film" means a film that is certified in writing by the Arts Minister to be a film that:
(a) has been, or is to be, made wholly or substantially in Australia or in an external Territory and has, or will have, a significant Australian content; or
(b) has been, or is to be, made in pursuance of an agreement or arrangement entered into between the Government of Australia or an authority of the Government of Australia and the Government of another country or an authority of the Government of another country.
"film" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
"Senior Executive Service office " has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
"the owner" , in relation to a unit of industrial property, means the person who possesses the rights in respect of that unit of industrial property.
"unit of industrial property" means:
(a) rights possessed by a person under a law of Australia as:
(ii) the owner of a copyright; or
(iv) a licensee under such a copyright;
and includes equitable rights in respect of such a patent, copyright or design or in respect of a licence under such a patent, copyright or design; or
(b) rights possessed by a person under a law of a foreign country that are equivalent to the rights referred to in paragraph (a).
(1A) In considering for the purposes of the definition of Australian film in subsection (1) whether a film has or will have a significant Australian content, the Arts Minister shall have regard to:
(a) the subject‑matter of the film;
(b) the place or places where the film was, or is to be, made;
(c) the nationalities and places of residence of:
(i) the persons who took part, or are to take part, in the making of the film (including authors, composers, actors, scriptwriters, editors, producers, directors and technicians);
(ii) the persons who are, or will be, the beneficial owners of the shares or stock in the capital of any company concerned in the making of the film; and
(iii) the persons who are, or will be, the beneficial owners of the copyright in the film;
(d) the source from which moneys used, or to be used, in the making of the film were, or will be, derived; and
(e) any other matters that he considers to be relevant.
(1B) The Arts Minister may, by writing, delegate to the Arts Secretary, or to a person holding or performing the duties of a Senior Executive Service office in the Arts Department, all or any of the Minister's powers under this section.
(1C) Applications may be made to the Tribunal for review of a decision:
(a) to refuse to give a certificate of the kind referred to in the definition of Australian film in subsection (1); or
(b) to revoke such a certificate.
(1D) Where the Arts Minister makes a decision of the kind referred to in subsection (1C) and gives to a person whose interests are affected by the decision notice in writing of the decision, that notice shall:
(a) in all cases--include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision; and
(b) except where subsection 28(4) of that Act applies--include a statement to the effect that a request may be made under section 28 of that Act by or on behalf of such a person for a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.
(1E) A failure to comply with the requirements of subsection (1D) in relation to a decision does not affect the validity of the decision.
(2) Subject to subsection (2A), a reference in this Division to expenditure of a capital nature does not include a reference to:
(a) expenditure in respect of which a deduction has been allowed or is allowable under a provision of this Act, other than a provision of this Division, or which has been or is taken into account in ascertaining the amount of an allowable deduction under such a provision; or
(b) the expenditure of moneys by a taxpayer, under a contract entered into on or after 1 October 1980, in producing, or by way of contribution to the cost of producing, a film where:
(i) the expenditure of the moneys was expenditure of a capital nature;
(ii) at the time when the moneys were expended, the taxpayer was a resident;
(iii) at the time when the moneys were expended, a certificate under section 124ZAB or 124ZAC was in force in relation to the film;
(iv) the Commissioner is satisfied, in relation to the expenditure of those moneys by the taxpayer, as mentioned in former paragraph 124ZAF(1)(c) or paragraph 124ZAFA(1)(c); and
(v) the taxpayer has not made an election under section 124ZAE in relation to that film; or
(c) expenditure on software (within the meaning of the Income Tax Assessment Act 1997 ).
(2A) Where a taxpayer has expended moneys as mentioned in paragraph (2)(b) and, by reason of the operation of section 124ZAM, the taxpayer is deemed, for the purposes of Division 10BA, not to have expended those moneys or not to have expended part of those moneys, paragraph (2)(b) does not apply in respect of the expenditure of those moneys or of that part of those moneys, as the case may be.
(3) Where a unit of industrial property is transmitted to a person by operation of law, this Division has effect as if that unit had been disposed of to that person by the last preceding owner of the unit at the time of the transmission.
(4) In this Division, a reference to the transmission of a unit of industrial property by operation of law includes, without limiting the generality of that expression, a reference to the transmission of a unit of industrial property to a person:
(a) as trustee of the estate of the deceased owner of the unit;
(b) as a beneficiary under the will or a codicil of the deceased owner of the unit or under an order of a court that varied or modified the provisions or such a will or codicil; or
(c) as a beneficiary on the intestacy of the deceased owner of the unit or as a beneficiary under an order of a court that varied or modified the application, in relation to the estate of the deceased owner of the unit, of the provisions of the law relating to the distribution of the estates of persons who die intestate.
(5) For the purpose of this Division, disregard an acquisition or disposal of property by way of the transfer of the property for the provision or redemption of a security. Consequently this Division applies as if the person who was the owner of the property before the transfer continues to be the owner after the transfer.