AUSTRALIAN TAX TREATIES

Maltese Agreement  

AGREEMENT BETWEEN AUSTRALIA AND MALTA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME  

CHAPTER II - DEFINITIONS  

ARTICLE 3   General Definitions  

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


(a) the term " Australia " means the Commonwealth of Australia and, when used in a geographical sense, includes:


(i) the Territory of Norfolk Island;

(ii) the Territory of Christmas Island;

(iii) the Territory of Cocos (Keeling) Islands;

(iv) the Territory of Ashmore and Cartier Islands;

(v) the Coral Sea Islands Territory; and

(vi) any area adjacent to the territorial limits of Australia or of the said Territories in respect of which there is for the time being in force, consistently with international law, a law of Australia or of a State or part of Australia or of a Territory aforesaid dealing with the exploitation of any of the natural resources of the sea-bed and subsoil of the continental shelf;


(b) the term " Malta " means the Republic of Malta and, when used in a geographical sense, means the Island of Malta, the Island of Gozo and the other islands of the Maltese archipelago, including the territorial waters thereof, and any area outside the territorial sea of Malta which, in accordance with international law, has been or may hereafter be designated, under the law of Malta concerning the continental shelf, as an area within which the rights of Malta with respect to the sea-bed and subsoil and their natural resources may be exercised;


(c) the terms " Contracting State " , " one of the Contracting States " and " other Contracting State " mean Australia or Malta, as the context requires;


(d) the term " person " includes an individual, a company and any other body of persons;


(e) the term " company " means any body corporate or any entity which is treated as a company or body corporate for tax purposes;


(f) the terms " enterprise of one of the Contracting States " and " enterprise of the other Contracting State " mean an enterprise carried on by a resident of Australia or an enterprise carried on by a resident of Malta, as the context requires;


(g) the term " international traffic " means any transport by a ship or aircraft except where the ship or aircraft is operated solely between places within a Contracting State;


(h) the term " tax " means Australian tax or Malta tax, as the context requires;


(i) the term " Australian tax " means tax imposed by Australia, being tax to which this Agreement applies by virtue of Article 2;


(j) the term " Malta tax " means tax imposed by Malta, being tax to which this Agreement applies by virtue of Article 2;


(k) the term " competent authority " means, in the case of Australia, the Commissioner of Taxation or his authorized representative, and in the case of Malta, the Minister responsible for finance or his authorized representative.

(2)  
In this Agreement, the terms " Australian tax " and " Malta tax " do not include any penalty or interest imposed under the law of either Contracting State relating to the taxes to which this Agreement applies by virtue of Article 2.

(3)  
In the application of this Agreement by a Contracting State, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which it has under the laws of that State relating to the taxes to which this Agreement applies.




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