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―27. The definition of royalties has been expanded
in conformity with current Australian tax treaties
practice (Article 12). The definition now specifically
includes payments for the reception or use of
transmissions by satellite, cable, fiber optic or similar
technology (Article 12 (8), as well as reproduction
techniques in connection with television (Article 12
(3)). These were inserted in order to remove any
doubt as to whether they were covered by the
previous definition. The definition also specifically
excludes payments for the use or acquisition of
source code of software that is granted purely to
enable effective operation of the program by the
user.‖
Para (3) can be said to deal with ‗know-how'. Payments
made purely for the use of know-how constitute royalties.