Commonwealth Numbered Acts

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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 (NO. 169, 2006) - SECT 21

Permanent establishment

             (1)  For the purposes of this Act, a permanent establishment of a person is a place at or through which the person carries on any activities or business, and includes a place where the person is carrying on activities or business through an agent.

Mobile services etc.

             (2)  For the purposes of this Act, if:

                     (a)  a person; or

                     (b)  an agent of a person acting on behalf of the person;

provides a service while:

                     (c)  operating on a mobile basis; or

                     (d)  travelling;

in a particular country, the person is taken to provide the service at or through a permanent establishment of the person in that country.

Electronic communications

             (3)  The regulations may provide that, if:

                     (a)  a person provides a specified service wholly or partly by means of one or more electronic communications; and

                     (b)  the conditions set out in the regulations are taken to be satisfied in relation to a particular country;

then:

                     (c)  the service is taken, for the purposes of this Act, to be provided at or through a permanent establishment of the person in that country; and

                     (d)  the service is taken, for the purposes of this Act, not to be provided at or through a permanent establishment of the person in another country.



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