Commonwealth Numbered Acts

Income Tax (International Agreements) Amendment Act 1983 No. 57 of 1983 - SECT 9

9. (1) After section 11H of the Principal Act the following sections are
inserted: Airline profits agreement with the Republic of India

''11J. (1) Subject to this Act, on and after the date of entry into force of
the Indian airline profits agreement, the provisions of the agreement, so far
as those provisions affect Australian tax, have, and shall be deemed to have
had, the force of law in relation to tax in respect of income derived on or
after 1 April 1975 and in relation to which the agreement remains effective.

''(2) As soon as practicable after the entry into force of the Indian
airline profits agreement in accordance with Article 4 of the agreement, the
Treasurer shall cause to be published in the Gazette a notice specifying the
date on which the agreement entered into force. Agreement with Ireland

''11K. (1) Subject to this Act, on and after the date of entry into force of
the Irish agreement, the provisions of the agreement, so far as those
provisions affect Australian tax, have the force of law-

   (a)  in relation to withholding tax-in respect of dividends or interest
        derived on or after 1 July in the calendar year immediately following
        that in which the agreement enters into force and in relation to which
        the agreement remains effective; and

   (b)  in relation to tax other than withholding tax-in respect of income of
        any year of income commencing on or after 1 July in the calendar year
        immediately following that in which the agreement enters into force
        and in relation to which the agreement remains effective.

''(2) As soon as practicable after the entry into force of the Irish agreement
in accordance with Article 29 of the agreement, the Treasurer shall cause to
be published in the Gazette a notice specifying the date on which the
agreement entered into force. Convention with the Republic of Korea

''11L. (1) Subject to this Act, on and after the date of entry into force of
the Korean convention, the provisions of the convention, so far as those
provisions affect Australian tax, have, and shall be deemed to have had, the
force of law-

   (a)  in relation to withholding tax-in respect of dividends or interest
        derived on or after 1 January 1982 and in relation to which the
        convention remains effective; and

   (b)  in relation to tax other than withholding tax-in respect of income of
        any year of income commencing on or after 1 July 1982 and in relation
        to which the convention remains effective.

''(2) As soon as practicable after the entry into force of the Korean
convention in accordance with Article 28 of the convention, the Treasurer
shall cause to be published in the Gazette a notice specifying the date on
which the convention entered into force.

''(3) As soon as practicable after an exchange of letters for the purpose of
the making of an agreement under sub-paragraph (3) (b) of Article 24 of the
Korean convention as to the provisions of the laws of Korea relating to Korean
tax that fall within the definition of the term 'the relevant legislation' for
the purposes of sub-paragraph (3) (a) of that Article, the Treasurer shall
cause to be published in the Gazette a notice specifying particulars of those
provisions.

''(4) As soon as practicable after an exchange of letters for the purpose of
the making of an agreement under paragraph (5) of Article 24 of the Korean
convention fixing a date, the Treasurer shall cause to be published in the
Gazette a notice specifying the date so fixed. Convention with the Kingdom of
Norway

''11M. (1) Subject to this Act, on and after the date of entry into force of
the Norwegian convention, the provisions of the convention, so far as those
provisions affect Australian tax, have, and shall be deemed to have had, the
force of law-

   (a)  in relation to withholding tax-in respect of dividends or interest
        derived on or after 1 July 1982 and in relation to which the
        convention remains effective; and

   (b)  in relation to tax other than withholding tax-in respect of income of
        any year of income commencing on or after 1 July 1982 and in relation
        to which the convention remains effective.

''(2) As soon as practicable after the entry into force of the Norwegian
convention in accordance with Article 29 of the convention, the Treasurer
shall cause to be published in the Gazette a notice specifying the date on
which the convention entered into force.

''(3) As soon as practicable after confirmation of receipt of a note forwarded
by the Government of the Kingdom of Norway for the purposes of sub-paragraph
(2) (b) of the protocol that forms part of the Norwegian convention, the
Treasurer shall cause to be published in the Gazette a notice specifying the
date of confirmation of receipt of the note.''.

(2) The Commissioner may amend an assessment made before the date of entry
into force of the Indian airline profits agreement for the purpose of giving
effect to sub-section 11J (1) of the Principal Act as amended by this Act.

(3) The Commissioner may amend an assessment made before the date of entry
into force of the Korean convention for the purpose of giving effect to
sub-section 11L (1) of the Principal Act as amended by this Act.

(4) The Commissioner may amend an assessment made before the date of entry
into force of the Norwegian convention for the purpose of giving effect to
sub-section 11M (1) of the Principal Act as amended by this Act.