Document ID: chunk:federal_register_of_legislation:C2004A04052:schedule:29:p1
Version: federal_register_of_legislation:C2004A04052
Segment Type: schedule
Provision Reference: sch 29 (pt 1/64)
Character Range: 3505–6267

Schedule 29

8. (1) Schedule 29 to the Principal Act is amended by omitting from paragraph 1 of Article 24 "and".

(2) The object of the amendment made by subsection (1) is to incorporate in the text of the copy of the Papua New Guinea agreement that is set out in the Principal Act the rectification mentioned in subsection (3).

(3) In an exchange of Notes dated 20 and 28 August 1990, the Government of Australia and the Government of the Independent State of Papua New Guinea agreed to regard the text of the Papua New Guinea agreement as rectified ab initio by deleting the word "and" in paragraph 1 of Article 24.

Schedules 31 and 32

9. The Principal Act is amended by adding at the end the Schedules set out in Schedule 2 to this Act.

PART 3—AMENDMENT OF THE INCOME TAX (INTERNATIONAL AGREEMENTS) AMENDMENT ACT (NO. 2) 1989

Principal Act

10. In this Part, "Principal Act" means the Income Tax (International Agreements) Amendment Act (No. 2) 19892.

Repeal of section 13

  11. Section 13 of the Principal Act is repealed.

Amendment of Schedule 4

12. Schedule 4 to the Principal Act is amended by omitting the amendments of section 11s of the Income Tax (International Agreements) Act 1953.

                       SCHEDULE 1 Section 7

SCHEDULE TO BE INSERTED AFTER SCHEDULE 27 OF THE
INCOME TAX (INTERNATIONAL AGREEMENTS) ACT 1953

                       "SCHEDULE 28 Section 3

AGREEMENT

BETWEEN

THE GOVERNMENT OF AUSTRALIA

AND

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA

FOR

THE AVOIDANCE OF DOUBLE TAXATION
AND THE PREVENTION OF FISCAL EVASION WITH
RESPECT TO TAXES ON INCOME

The Government of Australia and the Government of the People's Republic of China,

Desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income,

  Have agreed as follows:

ARTICLE 1

Personal Scope

This Agreement shall apply to persons who are residents of one or both of the Contracting States.

ARTICLE 2

Taxes Covered

  1. The existing taxes to which this Agreement shall apply are:

  (a) in Australia:

     the income tax, and the resource rent tax in respect of offshore projects relating to exploration for or exploitation of petroleum

SCHEDULE 1—continued

     resources, imposed under the federal law of the Commonwealth of Australia;

  (b) in China:

     the income tax imposed under the laws of the People's Republic of China.

2. This Agreement shall also apply to any identical or substantially similar taxes which are imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any substantial changes which have been made in