Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992 - SECT 89

89. Section 17A of the Principal Act is amended:
(a) by inserting in subsection (l) "or a royalty" after "dividend" (wherever
occurring).

   (b)  by adding at the end the following subsection:

"(4) If:

   (a)  a provision ('basic royalty provision') of an agreement is covered by
        either of the following subparagraphs:

        (i)    paragraph 1 or 2 of Article 12 of the Chinese agreement;

        (ii)   a corresponding provision of another agreement; and

   (b)  another provision of the agreement expressly excludes particular
        royalties ('excluded royalties') from the scope of the basic royalty
        provision; section 128B of the Assessment Act (which deals with
        liability for withholding tax) does not apply to the excluded
        royalties.".