Commonwealth Numbered Acts

INCOME TAX (INTERNATIONAL AGREEMENTS) AMENDMENT ACT 1977 No. 134 of 1977 - SECT 6

6. The Principal Act is amended by adding at the end thereof the following
Schedules:

''SCHEDULE 12
Section 3
AGREEMENT
BETWEEN
THE GOVERNMENT OF AUSTRALIA
AND
THE GOVERNMENT OF THE HELLENIC REPUBLIC
FOR
THE AVOIDANCE OF DOUBLE TAXATION OF INCOME
DERIVED FROM INTERNATIONAL AIR TRANSPORT

The Government of Australia and the Government of the Hellenic Republic
desiring to conclude an Agreement for the avoidance of double taxation of
income derived from international air transport,

HAVE AGREED as follows:

ARTICLE 1

(1) The existing taxes to which this Agreement applies are-

   (a)  the Australian income tax, including the additional tax upon the
        undistributed amount of the distributable income of a private company,
(hereinafter referred to as ''Australian tax'');

   (b)  the Greek income tax including the income tax on legal entities as
        well as the contribution for Agricultural Insurance Organisation,
        (hereinafter
referred to as '' Greek tax'').

(2) This Agreement shall also apply to any identical or substantially similar
taxes which are imposed after the date of signature of this Agreement in
addition to, or in place of, the existing taxes.

ARTICLE 2

(1) In this Agreement, unless the context otherwise requires-

(a) the term ''Australia'' includes all Territories of or under the authority
of Australia except the Territory of Papua New Guinea;

(b) the term ''Greece'' means the territory of the Hellenic Republic;

(c) the terms ''Contracting State'' and ''other Contracting State'' mean
Australia or Greece, as the context requires;

(d) the term ''Australian enterprise'' means an enterprise that has its place
of effective management in Australia;

(e) the term ''Greek enterprise'' means an enterprise that has its place of
effective management in Greece;

(f) the term ''enterprise of a Contracting State'' means an Australian
enterprise or a Greek enterprise, as the context requires;

   (g)  the term ''tax'' means Australian tax or Greek tax, as the context
        requires;

(h) the term ''operation of aircraft in international traffic'' means the
operation of aircraft in the carriage of persons, livestock, goods or mail
between-

        (i)    Australia and Greece;

        (ii)   Australia and any other country;

        (iii)  Greece and any other country;

        (iv)   countries other than Australia or Greece; and

        (v)    places within a country other than Australia or Greece,

and, in relation to an enterprise engaged in the operation of aircraft for
such carriage, includes the sale of tickets for such carriage and the
provision of services in connection with the loading or unloading of aircraft
engaged in such carriage, either for the enterprise itself or for any other
enterprise engaged in the operation of aircraft for such carriage.

(2) In the application of the provisions of this Agreement by one of the
Contracting States, any term used but not defined herein shall, unless the
context otherwise requires, have the meaning which it has under the laws in
force in that Contracting State relating to the taxes to which this Agreement
applies.

ARTICLE 3

(1) Profits derived by an enterprise of a Contracting State from the
operation of aircraft in international traffic or arising from the carriage by
air of persons, livestock, goods or mail between places in that Contracting
State, shall be exempt from tax in the other Contracting State.

(2) The exemption provided in paragraph (1) of this Article shall also apply
to a share of the profits from the operation of aircraft in international
traffic derived by an enterprise of a Contracting State through participation
in a pooled service, in a joint air transport operation or in an international
operating agency.

ARTICLE 4

This Agreement shall enter into force on the fourteenth day after the date on
which each Contracting State shall have received from the other Contracting
State written notification that it has complied with all statutory and
constitutional requirements for the entry into force of the Agreement, and the
provisions of the Agreement shall have effect-

   (a)  as regards Australian tax, in respect of income derived from the first
        day of March 1972 and thereafter;

   (b)  as regards Greek tax, in respect of income derived from the first day
        of April 1972 and thereafter.

ARTICLE 5

This Agreement shall continue in effect indefinitely but either Contracting
State may, on or before the thirtieth day of June in any calendar year after
the year 1978, give notice of termination to the other Contracting State and
in that event this Agreement shall cease to be effective-

   (a)  as regards Australian tax, in respect of income derived from the first
        day of March in the calendar year next following that in which the
        notice of termination is given and thereafter; and

   (b)  as regards Greek tax, in respect of income derived from the first day
        of April in the calendar year next following the year in which notice
        of termination is given and thereafter.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this
Agreement.

DONE in duplicate at Canberra the fifth day of May, One thousand nine hundred
and seventy-seven in the English and Greek languages, both texts being equally
authoritative.

            PHILLIP  LYNCH                           C. TRICOUPIS


         FOR  THE  GOVERNMENT                    FOR  THE  GOVERNMENT
            OF  AUSTRALIA                    OF  THE  HELLENIC  REPUBLIC


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