Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004 (Cth)

Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004

No. 33, 2004

An Act to extend time limits in relation to family tax benefit and child care benefit, and for related purposes

Contents

Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004

No. 33, 2004

An Act to extend time limits in relation to family tax benefit and child care benefit, and for related purposes

[Assented to 20 April 2004]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Extension of time limits relating to family tax benefit and child care benefitPart 1Amendment of the A New Tax System (Family Assistance) (Administration) Act 1999

1

Paragraph 10(2)(b)

Omit “next income year”, substitute “2 income years immediately following that income year”.

2

Subsection 28(3)

Repeal the subsection, substitute:

Consequence where income tax returns are later lodged

1. (3)

   If:

   1. (a)

      after the Secretary varies the determination under subsection (2), an assessment is made under the Income Tax Assessment Act 1936 for the cancellation income year for everyone (the taxpayers involved):

      1. (i)

         who was required to lodge an income tax return as mentioned in subparagraph (1)(b)(iii); and

      2. (ii)

         in respect of whom an assessment had not been made before the determination was varied; and

   2. (b)

      the Secretary is satisfied that the claimant was eligible for an amount (the recalculated amount) of family tax benefit for the cancellation days;

the Secretary must again vary the determination so that it has the effect that, for the cancellation days, the claimant is entitled to be paid:

1. (c)

   if income tax returns for the cancellation year for the taxpayers involved were lodged with the Commissioner of Taxation during the income year that began 2 years after the beginning of the cancellation income year—the recalculated amount; or

2. (d)

   in any other case—the lesser of:

   1. (i)

      the recalculated amount; and

   2. (ii)

      the amount that the claimant was entitled to be paid before the variation under subsection (2) was made.

3

Paragraph 49J(2)(b)

Omit “following income year”, substitute “2 income years immediately following that income year”.

4

Paragraph 154A(3)(b)

Omit “2 years”, substitute “3 years”.

5

Subsection 154A(4)

Omit “2 years”, substitute “3 years”.

6

Application of this Part

(1) The amendment made by item 1 applies to a claim for payment of family tax benefit made either before or after the commencement of this Part, if the claim is for a past period that falls wholly within the income year beginning on 1 July 2001 or any later income year.

(2) The amendment made by item 2 applies in respect of cancellation days occurring in the income year beginning on 1 July 2001 or any later income year.

(3) The amendment made by item 3 applies to a claim for payment of child care benefit made either before or after the commencement of this Part, if the claim is for a past period that falls wholly within the income year beginning on 1 July 2001 or any later income year.

(4) The amendment made by item 4 applies to a determination of taxable income made on or after 1 July 2003 (including after the commencement of this item).

(5) The amendment made by item 5 applies to tax file numbers provided either before or after the commencement of this Part to the Commissioner in respect of the income year beginning on 1 July 2001 or any later income year.

Part 2Amendment of the Income Tax Assessment Act 1997

7

Paragraph 25‑7(b)

Before “you”, insert “if the claim is for a period in an income year other than the 2001‑2002 income year—”.

8

At the end of section 25‑7

Add:

1. ; and (c)

   if the claim is for a period in the 2001‑2002 income year:

   1. (i)

      you lodge the claim in the 2002‑2003 income year with an officer of the Australian Taxation Office (within the meaning of that Act) for determination by such an officer; or

   2. (ii)

      you lodge the claim in the 2003‑2004 income year with an officer of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997) for determination by that officer.

9

Application

The amendments made by this Part apply to fees or commission incurred, and in relation to advice provided, either before or after the commencement of this Part.

[Minister’s second reading speech made in—

House of Representatives on 10 September 2003

Senate on 17 September 2003]

(137/03)