Document ID: chunk:federal_register_of_legislation:C2007A00136:schedule:23:p3
Version: federal_register_of_legislation:C2007A00136
Segment Type: schedule
Provision Reference: sch 23 (pt 3/27)
Character Range: 79670–82453

solely between places in the other Contracting State;

         (l) the term "national", in relation to a Contracting State, means:

              (i) any individual possessing the nationality or citizenship of that Contracting State; and

              (ii) any company deriving its status as such from the laws in force in that Contracting State;

         (m) the term "person" includes an individual, a company and any other body of persons;

         (n) the term "tax" means Australian tax or Norwegian tax as the context requires, but does not include any penalty or interest imposed under the law of either Contracting State relating to its tax;

         (o) the term "recognised stock exchange" means:

              (i) the Australian Stock Exchange and any other Australian stock exchange recognised as such under Australian law;

              (ii) the Oslo Stock Exchange and any other Norwegian stock exchange recognised as such under Norwegian law; and

              (iii) any other stock exchange agreed upon by the competent authorities.

2 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 law of that State concerning the taxes to which the Convention applies, any meaning under the applicable tax law of that State prevailing over a meaning given to the term under other law of that State.

ARTICLE 4

Residence

    1 For the purposes of this Convention, the term "resident of a Contracting State" means:

         (a) in the case of Australia, a person who is a resident of Australia for the purposes of Australian tax; and

         (b) in the case of Norway, a person who is liable to tax therein by reason of domicile, residence, place of management or any other criterion of a similar nature.

         The Government of a Contracting State or a political subdivision or local authority of that State is also a resident of that State for the purposes of the Convention.

    2 A person is not a resident of a Contracting State for the purposes of this Convention if the person is liable to tax in that State in respect only of income from sources in that State.

3 Where by reason of the preceding provisions of this Article a person, being an individual, is a resident of both Contracting States, then the person's 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