Document ID: chunk:federal_register_of_legislation:C1963A00030:section:2:p2
Version: federal_register_of_legislation:C1963A00030
Segment Type: section
Provision Reference: s 2 (pt 2/5)
Character Range: 3696–6594

of defence communication, and appropriate Australian authorities nominated by the Australian Government shall at all times have access to the station.

Article 4

The communication services of the station will be available to the Australian armed forces in accordance with technical arrangements made by the co-operating agencies of the two Governments.

Article 5

At all stages in the construction and maintenance of the station, the maximum practicable use will be made of Australian resources. Arrangements for giving effect to this Article shall be as determined from time to time by the two Governments.

Article 6

The Australian Government will, jointly with the Government of the State of Western Australia, appoint a Civil Commissioner at Exmouth, who will have such functions as those Governments may vest in him and will represent them in such matters as they may determine.

Article 7

Consistently with this Agreement, the United States Government will conform to the provisions of applicable Commonwealth and State laws and regulations, including quarantine laws and industrial awards and determinations, and United States personnel will observe those laws and regulations.

Article 8

The United States Government will retain title to equipment, materials, supplies and other property brought into or acquired in Australia by it or on its behalf for the purposes of the station. The United States Government may remove or dispose of such property outside Australia at its own expense and free from export duties or related charges, upon the termination of this Agreement or sooner. However, such property shall not be disposed of within Australia except under conditions to be agreed on by the two Governments.

Article 9

(1) Income derived wholly and exclusively from performance in Australia of any contract with the United States Government in connection with the project by any person or company (other than a company incorporated in Australia) being a contractor, sub-contractor, or one of their personnel, who is in or is carrying on business in Australia solely for the purpose of such performance, shall be deemed not to have been derived in Australia, provided that it is not exempt, and is brought to tax, under the taxation laws of the United States. Such contractors, sub-contractors and personnel, and the dependants of any of the above other than those persons who, immediately before becoming dependants, were and at all times thereafter have continued to be ordinarily resident in Australia, will not be subject to Australian tax in respect of income derived from sources outside Australia.

(2) Where the legal incidence of any form of taxation in Australia depends upon residence or domicile, periods during which such contractors, sub-contractors, personnel and dependants are in Australia solely in connection with the establishment, maintenance or operation of