Document ID: chunk:federal_register_of_legislation:C2004A02224:body:0:p3
Version: federal_register_of_legislation:C2004A02224
Segment Type: other
Provision Reference: 
Character Range: 4884–7527

specifying the date of the exchange of instruments of ratification and the date so notified shall, for the purposes of this Act, be conclusively presumed to be the date of entry into force of the agreement.

Agreement with the Swiss Federal Council
"11e. (1) Subject to this Act, on and after the date of entry into force of the Swiss agreement, the provisions of the agreement, so far as those provisions affect Australian tax, have, and shall be deemed to have had, the force of law—
     (a) in relation to withholding tax—in respect of dividends or interest derived on or after 1 January 1979 and in relation to which the agreement remains effective; and
     (b) in relation to tax other than withholding tax—in respect of income of the year of income that commenced on 1 July 1979 and of a subsequent year of income in relation to which the agreement remains effective.
"(2) As soon as practicable after the date of entry into force of the Swiss agreement in accordance with Article 27 of the agreement, the Treasurer shall cause to be published in the Gazette a notice specifying the date on which the agreement entered into force, and the date so notified shall, for the purposes of this Act, be conclusively presumed to be the date of entry into force of the agreement.".
(2) The Commissioner may amend an assessment made before the date of entry into force of the Philippine agreement for the purpose of giving effect to sub-section 11d(1) of the Principal Act, as amended by this Act.
(3) The provisions of the Swiss agreement shall not have the effect of subjecting to Australian tax interest or royalties paid by a resident of Australia to a resident of Switzerland that, but for that agreement, would not be subject to Australian tax.
(4) The Commissioner may amend an assessment made before the date of entry into force of the Swiss agreement for the purpose of giving effect to sub-section 11e(1) of the Principal Act, as amended by this Act (including that section as affected by sub-section (3) of this section).

Provisions relating to certain income derived from sources in certain countries
6. (1) Section 12 of the Principal Act is amended—
     (a) by omitting from paragraph (ag) of sub-section (1) "or" (last occurring); and
     (b) by inserting after paragraph (ag) of sub-section (1) the following paragraphs:
          "(ah) income being interest or royalties to which paragraph (1) of Article 11 or paragraph (1) of Article 12 of the Philippine agreement applies, where the income is derived, in the year of income beginning on 1 July in the calendar year in which the agreement enters into force, or a subsequent