Income Tax Assessment Act 1997



Division 768 - Foreign non-assessable income and gains  

Subdivision 768-B - Some items of income that are exempt from income tax  

SECTION 768-110   Foreign residents deriving income from certain activities in Australia ' s exclusive economic zone or on or above Australia ' s continental shelf  

The object of this section is to ensure Australia ' s compliance with certain provisions of the *United Nations Convention on the Law of the Sea.


The text of the United Nations Convention on the Law of the Sea is in Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (

If you are a foreign resident, your *ordinary income and *statutory income is neither assessable income, nor *exempt income, to the extent that:

(a) the income is from an activity carried on in an area that is:

(i) part of Australia ' s exclusive economic zone; or

(ii) part of, or above, Australia ' s continental shelf; and

(b) the activity is specified by regulation to be a prescribed activity for the purpose of this section.


Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.