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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 4

Definitions

(1) For the purposes of this Agreement, unless otherwise defined:

  • (a) the term "Applicant Party" means the Contracting Party requesting information;
  • (b) the term "Australia", when used in a geographical sense, excludes all external territories other than:
    • (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 Territory of Heard Island and McDonald Islands; and
    • (vi) the Coral Sea Islands Territory;
  • and includes any area adjacent to the territorial limits of Australia (including the Territories specified in this sub-paragraph) in respect of which there is for the time being in force, consistently with international law, a law of Australia dealing with the exploration for or exploitation of any of the natural resources of the seabed and subsoil of the continental shelf;
  • (c) the term "Netherlands Antilles" means the part of the Kingdom of the Netherlands that is situated in the Caribbean area and which on the date of signing of this Agreement consists of the Island Territories of Curaçao, Sint Maarten (Dutch part), Bonaire, Saba and Sint Eustatius;
  • (d) the term "collective investment fund or scheme" means any pooled investment vehicle, irrespective of legal form. The term "public collective investment fund or scheme" means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed "by the public" if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors;
  • (e) the term "company" means any body corporate or any entity that is treated as a body corporate for tax purposes;
  • (f) the term "competent authority" means in the case of Australia, the Commissioner of Taxation or an authorised representative of the Commissioner and, in the case of the Netherlands Antilles, the Minister of Finance or his authorised representative;
  • (g) the term "Contracting Party" means Australia or the Kingdom of the Netherlands in respect of the Netherlands Antilles as the context requires;
  • (h) the term "criminal laws" means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes;
  • (i) the term "criminal tax matters" means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the Applicant Party;
  • (j) the term "information" means any fact, statement or record in any form whatever;
  • (k) the term "information gathering measures" means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information;
  • (l) the term "person" includes an individual, a company and any other body of persons;
  • (m) the term "principal class of shares" means the class or classes of shares representing a majority of the voting power and value of the company;
  • (n) the term "publicly traded company" means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold "by the public" if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors;
  • (o) the term "recognised stock exchange" means any stock exchange agreed upon by the competent authorities of the Contracting Parties;
  • (p) the term "Requested Party" means the Contracting Party requested to provide information; and
  • (q) the term "tax" means any tax to which this Agreement applies.

(2) As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.