Document ID: chunk:federal_register_of_legislation:C2004A00987:schedule:2a:p13
Version: federal_register_of_legislation:C2004A00987
Segment Type: schedule
Provision Reference: sch 2A (pt 13/14)
Character Range: 83898–86758

in accordance with the law of that other State, that the establishment, acquisition or maintenance of such person and the conduct of its operations did not have as one of its principal purposes the obtaining of benefits under the Convention.
(6) For purposes of this Article the term "recognized stock exchange" means:
    (a) the NASDAQ System owned by the National Association of Securities Dealers, Inc., and any stock exchange registered with the U.S. Securities and Exchange Commission as a national securities exchange under the U.S. Securities Exchange Act of 1934;
 (b) the Australian Stock Exchange and any other Australian stock               exchange recognized as such under Australian law; and
 (c) any other stock exchange agreed upon by the competent  authorities.
(7) Nothing in this Article shall be construed as restricting, in any manner, the right of a Contracting State to apply any anti‑avoidance provisions of its taxation law.".

ARTICLE 11
Article 21 of the Convention is omitted and the following Article is substituted:
"ARTICLE 21
Other Income
(1) Items of income of a resident of one of the Contracting States, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State.
(2) The provisions of paragraph (1) shall not apply to income, other than income from real property as defined in paragraph (2) of Article 6 (Income from Real Property), derived by a resident of one of the Contracting States where that income is effectively connected with a permanent establishment or fixed base situated in the other Contracting State. In that case the provisions of Article 7 (Business Profits) or Article 14 (Independent Personal Services), as the case may be, shall apply.
(3) Notwithstanding the provisions of paragraphs (1) and (2), items of income of a resident of one of the Contracting States not dealt with in the foregoing Articles of this Convention from sources in the other Contracting State may also be taxed in the other Contracting State.".

ARTICLE 12
Article 22 of the Convention is amended by omitting in paragraph (1) "sub‑paragraph (1)(b)" and substituting "sub‑paragraph (1)(b)(i)" in each place it occurs.

ARTICLE 13
(1) This Protocol shall be subject to ratification in accordance with the applicable procedures of each Contracting State, and instruments of ratification shall be exchanged as soon as possible.
(2) This Protocol, which shall form an integral part of the Convention, shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect:
    (a)      in Australia:
       (i)                 in respect of withholding tax on dividends, royalties and interest that is derived by a non‑resident, in relation to income derived on or after the later of:
            (A)         the first day of the second month