(1) Your assessable income includes an amount that you receive as or by way of royalty within the ordinary meaning of "royalty" (disregarding the definition of royalty in subsection 995 - 1(1)) if the amount is not assessable as * ordinary income under section 6 - 5.
(2) Subsection (1) does not apply to an amount of a payment to which section 15 - 22 or 15 - 23 applies.