Document ID: chunk:federal_register_of_legislation:C2010A00115:schedule:5b:p1
Version: federal_register_of_legislation:C2010A00115
Segment Type: schedule
Provision Reference: sch 5B (pt 1/2)
Character Range: 2462–5313

Schedule 5B—The Second Singapore protocol
Note: See section 3.

Second Protocol amending the Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income as amended by the Protocol of 16 October 1989.

 The Government of Australia and the Government of the Republic of Singapore

 Desiring to amend the Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed at Canberra on 11 February 1969 as amended by the Protocol signed at Canberra on 16 October 1989 (hereinafter referred to as "the Agreement")

 Have agreed as follows:

ARTICLE I

 Article 19 of the Agreement is omitted and the following Article is substituted:

"ARTICLE 19

1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Articles 1A and 1.

2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.

3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation:

         a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;

         b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;

         c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public).

4. If information is requested by a Contracting State in accordance with this Article, the other Contracting