Document ID: chunk:federal_register_of_legislation:C2007A00146:schedule:25:p27
Version: federal_register_of_legislation:C2007A00146
Segment Type: schedule
Provision Reference: sch 25 (pt 27/27)
Character Range: 68122–70429

Eero Heinäluoma
Treasurer                          Minister for Finance

[signatures omitted]

PROTOCOL

 At the signing today of the Agreement between the Government of Australia and the Government of Finland for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion (hereinafter referred to as "the Agreement"), the undersigned have agreed upon the following provisions which shall form an integral part of the Agreement:

1. With reference generally to the application of the Agreement

        a) Nothing in the Agreement shall be construed as restricting, in any manner, the application of any provision of the laws of a Contracting State which is designed to prevent the avoidance or evasion of taxes.

        b) It is understood that nothing in the Agreement prevents the application of the provisions of Article 26 to the exchange of information that existed prior to the entry into force of the Agreement.

2. With reference to Articles 4, 17 and 18

     The term "statutory authority" means any legal entity of a public character created by the laws of a Contracting State in which no person other than the State itself, a political subdivision or a local authority thereof, has an interest, and, in the case of Finland, includes the Bank of Finland, the Helsinki University and the Social Insurance Institution of Finland.

3. With reference to paragraph 7 of Article 5

     The Contracting States note that the term "substantially negotiate" is included at Australia's request to remove any doubt as to the existence of a permanent establishment where contracts that have been negotiated by an agent in one State are formally concluded in the other State by signature in that other State.

IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Protocol.

DONE in duplicate at Melbourne this twentieth day of November 2006, in the English and Finnish languages, both texts being equally authentic.

FOR THE GOVERNMENT OF AUSTRALIA:   FOR THE GOVERNMENT OF FINLAND:

Hon. Peter Costello                Eero Heinäluoma
Treasurer                          Minister for Finance

[signatures omitted]

[Minister's second reading speech made in—
House of Representatives on 21 June 2007
Senate on 12 September 2007]
(113/07)