For the purposes of this Subdivision, in determining whether an entity is an * Australian entity (including for the purposes of determining whether another entity is a * foreign entity) at a particular time:
(a) for the purposes of paragraph 336(a) of the Income Tax Assessment Act 1936 , treat a partnership as being an Australian entity if, at that time, a * direct participation interest of 50% or more is held in the partnership by one or more of the following:
(i) an Australian resident;
(ii) an * Australian trust; and
(b) disregard section 337 of that Act.