Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 40.42

When mining, quarrying or prospecting rights are used

  (1)   This Division and Subdivision   328 - D (capital allowances for small business entities) apply to a * depreciating asset you * hold that is a * mining, quarrying or prospecting right as if a reference to using the asset were a reference to engaging in activity that involves exercising rights conferred on you by the asset.

  (2)   If the asset is an interest covered by paragraph   (c) of the definition of mining, quarrying or prospecting right in subsection   995 - 1(1), the reference in subsection   (1) of this section to rights conferred on you by the asset is taken to be a reference to rights conferred on you by the authority, licence, permit, right or lease referred to in paragraph   (c) of that definition.



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