Document ID: chunk:federal_register_of_legislation:C2010C00679:section:1987:p45
Version: federal_register_of_legislation:C2010C00679
Segment Type: section
Provision Reference: s 1987 (pt 45/51)
Character Range: 123622–126275

granting of the right to use, any such
visual images or sounds as are mentioned in paragraph (db); or".

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992
- SECT 60
Source of royalty income derived by a non-resident

  60. Section 6C of the Principal Act is amended by omitting from subsection
(2) ", section 25, Division 13A of Part III and section 255" and substituting
"and section 25".

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992
- SECT 61
Interpretation

  61. Section 103 of the Principal Act is amended by inserting in paragraph
        (a) of the definition of "the distributable income" in subsection (1) "the
repealed" before "section 136A".

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992
- SECT 62
Heading to Division 11A of Part III

  62. The heading to Division 11A of Part III of the Principal Act is amended
by omitting "and Interest" and substituting ", Interest and Royalties".

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992
- SECT 63
Interpretation

  63. Section 128A of the Principal Act is amended:
  (a) by inserting after subsection (1) the following subsection:
  "(1AA) In this Division and in an Act imposing withholding tax:
  'income' includes a royalty.";
  (b) by inserting in subsection (2) "or a royalty" after "interest";
  (c) by omitting from subsection (3) "or to interest" and substituting ", to
interest or to a royalty";
  (d) by omitting from subsection (3) "or interest" and substituting ",
interest or royalty".

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992
- SECT 64
Liability to withholding tax

  64. Section 128B of the Principal Act is amended:
  (a) by inserting after subsection (2A) the following subsection:
  "(2B) Subject to subsection (3), this section also applies to income that:
  (a) is derived by a non-resident:
    (i) during the 1993-94 year of income of thenon-resident; or
    (ii) during a later year of income of the non-resident; and
  (b) consists of a royalty that:
    (i) is paid to the non-resident by a person to whom this section
applies and is not an outgoing wholly incurred by that person in carrying on
business in a foreign country at or through a permanent establishment of that
person in that country; or
    (ii) is paid to the non-resident by a person who, or by persons
each of whom, is not a resident and is, or is in part, an outgoing incurred by
that person or those persons in carrying on business in Australia at or
through a permanent establishment of that person or those persons in
Australia.";
  (b) by inserting after subsection (5) the following subsection:
  "(5A) A person who derives income to which