Document ID: chunk:federal_register_of_legislation:C2010A00013:schedule:4:p3
Version: federal_register_of_legislation:C2010A00013
Segment Type: schedule
Provision Reference: sch 4 (pt 3/32)
Character Range: 10412–13014

means:
(i) the Australian Securities Exchange and any other Australian stock exchange recognised as such under Australian law;
(ii) the securities markets (other than the New Zealand Debt Market) operated by the New Zealand Exchange Limited; and
(iii) any other stock exchange agreed upon by the competent authorities; and
m) the term "managed investment trust" means a trust that is a managed investment trust for the purposes of Australian tax.
2. For the purposes of Articles 5 and 6, the term "natural resources" means naturally‑occurring deposits or sources of materials and substances, such as minerals, oils, gas and water.  The term also includes naturally‑occurring forests and fish.
3. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the laws of that State concerning the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.
4. For the purposes of Articles 10, 11 and 12, dividends, interest or royalties arising in a Contracting State and derived by or through a trust shall be deemed to be beneficially owned by a resident of the other Contracting State where such income is subject to tax in that other State in the hands of a trustee of that trust.

Article 4
Resident
1. For the purposes of this Convention, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax as a resident of that State, and also includes that State and any political subdivision or local authority of that State.  This term however, does not include any person who is liable to tax in that State in respect only of income from sources in that State.
2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then their status shall be determined as follows:
a) the individual shall be deemed to be a resident only of the State in which a permanent home is available to that individual; but if a permanent home is available in both States, or in neither of them, that individual shall be deemed to be a resident only of the State with which the individual's personal and economic relations are closer (centre of vital interests);
b) if the State in which the centre of vital interests is situated cannot be determined, the individual shall be deemed to be a resident only of the State in which that individual has an habitual abode;
c)