A reference to an offshore person, in relation to the doing of any thing by an OBU ( the first OBU ), is a reference to:
(a) a non - resident whose involvement in the doing of the thing does not occur in carrying on business in Australia at or through a permanent establishment of that person; or
(b) a resident whose involvement in the doing of the thing occurs in carrying on business in a country outside Australia at or through a permanent establishment of the person; or
(c) another OBU ( the second OBU ), where, if the doing of the
thing involves the payment of any money (for example a loan of money) by the
second OBU to the first OBU, the second OBU gives, at or before the time of
the payment, a statement in writing to the first OBU to the effect that none
of the money is non - OB money of the second OBU.