Income Tax Assessment Act (No. 2) 1965 (Cth)

Income Tax Assessment (No. 2)

No. 143 of 1965

An Act to amend the Income Tax and Social Services Contribution Assessment Act 1936-1964, as amended by the Income Tax and Social Services Contribution Assessment Act 1965 and the Income Tax Assessment Act 1965, in relation to Decimal Currency.

[Assented to 18 December, 1965]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Income Tax Assessment Act (No. 2) 1965.

(2.) The Income Tax and Social Services Contribution Assessment Act 1936-1964, as amended by the Income Tax and Social Services Contribution Assessment Act 1965 and the Income Tax Assessment Act 1965, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Income Tax Assessment Act 1965 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Income Tax Assessment Act 1936-1965.

Commencement.

2.This Act shall come into operation on the fourteenth day of February, One thousand nine hundred and sixty-six.

 

Deductions for dependants.

3.—(1.) Section 82b of the Principal Act is amended by omitting the table in sub-section (2.) and inserting in its stead the following table:—

First Column	Second Column	Third Column
Class	Dependant	Amount of deduction
1	Spouse of the taxpayer............................................	$286.00
2	Daughter-housekeeper............................................	$286.00
3	Child less than sixteen years of age..........................	In respect of one such child—$182.00
In respect of each other such child—$130.00
4	Student child..........................................................	$182.00
5	Invalid relative.......................................................	$182.00
6	Parent of the taxpayer or of his spouse.....................	$286.00

(2.) Section 82b of the Principal Act is amended by omitting from sub-section (3.) the words “Sixty-five pounds” and inserting in their stead the words “One hundred and thirty dollars”.

4.—(1.) Section 160ad of the Principal Act is repealed and the following section inserted in its stead:—

Maximum amount of rebates.

“160ad. Notwithstanding anything contained in this or any other Act, the sum of the rebates allowable under this Act shall not exceed the amount of tax which would otherwise be payable by the taxpayer.”.

(2.) The amendment made by the last preceding sub-section applies to assessments (not being assessments made before the first day of July, One thousand nine hundred and sixty-six) in respect of income of the year of income in relation to which the Income Tax Act 1965 applies, and in respect of income of all subsequent years of income.

(3.) On and after the fourteenth day of February, One thousand nine hundred and sixty-six, section 160adof the Principal Act has effect in relation to assessments made in the currency provided for by the Currency Act 1965 as if paragraph (b)of that section were omitted and the following paragraph inserted In its stead:—

“(b)where the sum of all the rebates allowable under this Act is an amount of dollars and cents, or cents, but is not a multiple of Ten cents, the sum shall be increased or decreased to the nearest amount that is a multiple of Ten cents, except where the sum of all the rebates is a multiple of Five cents, in which case the sum shall be increased by Five cents.”.

 

Release of offenders.

5.Section 248 of the Principal Act is amended by omitting the table in paragraph (c)of sub-section (1.) and inserting in its stead the following table:—

Amount of penalty	Period after commencement of imprisonment on the expiration of which defendant is to be discharged
$4.00 and under...........................................................................................	7 days
Over $4.00 and not more than $10.00............................................................	14 days
Over $10.00 and not more than $40.00..........................................................	1 month
Over $40.00 and not more than $100.00........................................................	2 months
Over $100.00 and not more than $200.00......................................................	3 months
Over $200.00 and not more than $400.00......................................................	6 months
Over $400.00..............................................................................................	1 year

Additional amendments.

6.—(1.) The Principal Act, as amended by the foregoing provisions of this Act, is amended as set out in the Schedule to this Act.

(2.) The amendments of sections 46 and 160 of the Principal Act set out in the Schedule to this Act do not apply in respect of assessments made in the currency provided for by the Coinage Act 1909-1947.

(3.) The amendment to section 160ae of the Principal Act set out in the Schedule to this Act does not apply where the assessment of the taxpayer’s taxable income was made in the currency provided for by the Coinage Act 1909-1947.

 

THE SCHEDULE Section 6.

——

Amendments of the Principal Act

Provisions amended	Amendments
Section 16...............	Omit from sub-section (6.) “Two hundred and fifty pounds”, insert “Five hundred dollars”.
Section 23ab...........	Omit from sub-section (6.) “One pound”, insert “Two dollars”.
Omit from sub-paragraph (i) of paragraph (a) of sub-section (7.) “Two hundred and seventy pounds”, insert “Five hundred and forty dollars “.
	Section 26...............	Omit from the proviso to paragraph (ea) “One pound”, insert “Two dollars”.
Section 46...............	Omit from sub-section (6.) “pound” and “pounds”, insert “dollar” and “dollars”, respectively.
Section 51A............	Omit sub-section (2.), insert the following sub-section:—
“(2.) The amount of the deduction allowable under this section shall be—
(a) where the allowance is paid in money under the terms of any law or of any award, order or determination of an industrial tribunal, or of an industrial agreement—

 

The Schedule—continued

Provisions amended	Amendments
(i) for a period in respect of which the rate of the allowance paid does not exceed Five dollars per week—the amount of the allowance;
(ii) for a period in respect of which the rate of the allowance exceeds Five dollars per week but does not exceed Seven dollars per week—an amount calculated in respect of that period at the rate of Five dollars per week; or
(iii) for a period in respect of which the rate of the allowance exceeds Seven dollars per week—an amount calculated in respect of that period at a rate per week that the Commissioner considers reasonable in the circumstances, which rate shall not exceed the excess of the weekly rate of the allowance over Two dollars;
(b) where the allowance is granted, otherwise than in money, under the terms of any law or of any award, order or determination of an industrial tribunal, or of an industrial agreement, for a period in respect of which the value of the allowance exceeds Two dollars per week but does not exceed Five dollars per week—an amount calculated by multiplying the amount by which the weekly value of the allowance exceeds Two dollars by the number of weeks in that period; and
(c) in any other case—such amount, if any, in respect of each week for which the allowance is paid or granted not exceeding the amount by which the weekly rate or value of the allowance exceeds Two dollars, as the Commissioner considers reasonable in the circumstances.”.
Section 57aa..........	Omit from sub-section (4.) “Three thousand two hundred and fifty pounds” (wherever occurring), insert “Six thousand five hundred dollars”.
Section 64a.............	Omit from sub-section (3.) “Twenty-five pounds”, insert “Fifty dollars”.
Section 67...............	Omit from sub-section (3.) “Fifty pounds”, insert “One hundred dollars”.
Section 73...............	Omit from sub-section (2.) “Twenty-one pounds” (wherever occurring), insert “Forty-two dollars”.
Omit from the proviso to sub-section (3.) “Twenty-one pounds”, insert “Forty-two dollars”.
Section 78...............	Omit from paragraph (a) of sub-section (1.) “One pound”, insert “Two dollars”.
Section 79a.............	Omit from sub-paragraph (i) of paragraph (a) of sub-section (2.) “Two hundred and seventy pounds”, insert “Five hundred and forty dollars”.
Omit from sub-paragraph (i) of paragraph (b) of sub-section (2.) “Forty-five pounds”, insert “Ninety dollars”.
Section 79b.............	Omit from sub-paragraph (i) of paragraph (a) of sub-section (2.) “Two hundred and seventy pounds”, insert “Five hundred and forty dollars”.
Omit from paragraph (a) of sub-section (4.) “Two hundred and seventy pounds”, insert “Five hundred and forty dollars”.
Section 82aae.........	Omit from sub-paragraph (i) of paragraph (a) “Two hundred pounds”, insert “Four hundred dollars”.
Section 82...............	Omit from sub-section (2.) “One hundred and forty-three pounds”, insert “Two hundred and eighty-six dollars”.

 

The Schedule—continued

Provision amended	Amendments
Omit from paragraph (b) of sub-section (4.) “One hundred and forty-three pounds”, insert “Two hundred and eighty-six dollars”.
Omit from sub-section (5.) “One hundred and forty-three pounds”, insert “Two hundred and eighty-six dollars”.
Section 82g...................	Omit from sub-section (2.) “Fifty pounds”, insert “One hundred dollars”.
Omit from sub-section (2a.) “Fifty pounds” (wherever occurring), insert “One hundred dollars”.
Section 82h...................	Omit from sub-section (2.) “Four hundred pounds”, insert “Eight hundred dollars”.
Section 82j....................	Omit from sub-section (4.) “One hundred and fifty pounds”, insert “Three hundred dollars”.
Omit from sub-section (5.) “One hundred and fifty pounds” (wherever occurring), insert “Three hundred dollars”.
Section 105b.................	Omit “Five thousand pounds” (wherever occurring) and “Ten thousand pounds” (wherever occurring), insert “Ten thousand dollars” and “Twenty thousand dollars”, respectively.
Section 124m................	Omit from sub-section (2.) “Fifty pounds” (wherever occurring), insert “One hundred dollars”.
Section 125....................	Omit from sub-paragraph (ii) of sub-section (1.) “Two hundred and eight pounds”, insert “Four hundred and sixteen dollars”.
Section 126....................	Omit from sub-section (1.) “Eight thousand three hundred and ninety-three pounds”, insert “Sixteen thousand seven hundred and eighty-six dollars”.
Section 140....................	Omit “One hundred pounds”, insert “Two hundred dollars”.
Section 158c.................	Omit from sub-paragraph (ii) of paragraph (b)of sub-section (1.) “Five hundred pounds”, insert “One thousand dollars”.
Section 160....................	Omit from paragraph (a) of sub-section (3.) “pound” and pounds”, insert “dollar” and “dollars”, respectively.
Section 160ab...............	Omit “two shillings for every pound”, insert “Ten cents for every dollar”.
Section 160ae...............	Omit from the definition of the average rate of Australian tax’” in sub-section (1.) “pound” and “pounds”, insert “dollar” and “dollars”, respectively.
Section 182....................	Omit “Fifty-seven thousand pounds”, insert “One hundred and fourteen thousand dollars “.
Section 188....................	Omit from sub-section (1.) “one pound”, insert “Two dollars”.
Section 189....................	Omit “one pound”, insert “Two dollars”.
Section 193....................	Omit from sub-section (2.) “One pound” (wherever occurring), insert “Two dollars”.
Section 213....................	Omit “Two pounds or more than One hundred pounds”, insert “Four dollars or more than Two hundred dollars”.
Section 215....................	Omit from sub-section (4.) “One pound or more than Fifty pounds”, insert “Two dollars or more than One hundred dollars”.
Section 218....................	Omit from sub-section (2.) “Fifty pounds”, insert “One hundred dollars”.
Section 221....................	Omit from sub-section (1.) “One hundred pounds”, insert “Two hundred dollars”.
Section 221c.................	Omit from sub-section (1a.) “Twenty pounds”, insert “Forty dollars”.
Omit from paragraph (a) of sub-section (4.) “One pound”, insert “Two dollars”.
Omit from paragraph (b) of sub-section (4.) “Five shillings”, insert “Fifty cents”.
Omit paragraphs (a) and (b) of sub-section (6.), insert the following paragraphs:—
“(a) where the rate of the allowance does not exceed Seven dollars per week and the allowance is received in money under the terms of any law or of any award.

 

The Schedule—continued

Provisions amended	Amendments
order or determination of an industrial tribunal, or of an industrial agreement—so much of that allowance as exceeds Five dollars; and
	“(b) in any other case—
	(i) where the allowance is received in respect of a week—an amount of Two dollars; or
(ii) where the allowance is received in respect of a part of a week—an amount calculated for that part of a week at the rate of Two dollars per week.”.
Section 22Id...........	Omit from sub-section (2.) “Twenty pounds”, insert “Forty dollars”.
Section 221b...........	Omit from sub-section (3.) “Twenty pounds”, insert “Forty dollars”.
Omit from sub-section (4.) “Fifty pounds”, insert “One hundred dollars”.
Section 22If............	Omit from sub-section (12.) “Five hundred pounds” and “One hundred pounds”, insert “One thousand dollars” and “Two hundred dollars”, respectively.
Section 22Lg..........	Omit from sub-section (6.) “Five hundred pounds” and “One hundred pounds”, insert “One thousand dollars” and “Two hundred dollars”, respectively.
Section 221h...........	Omit from the proviso to sub-section (5.) “One pound”, insert “Two dollars”.
Section 22lj.............	Omit from sub-section (3.) “Fifty pounds”, insert “One hundred dollars”.
Section 221l...........	Omit from sub-section (2.) “Twenty pounds”, insert “Forty dollars”.
Section 221m..........	Omit from sub-section (1.) “Fifty pounds”, insert “One hundred dollars”.
Section 221s...........	Omit from sub-section (2.) “Twenty pounds”, insert “Forty dollars”.
Section 22It............	Omit from sub-section (2.) “One hundred pounds”, insert “Two hundred dollars”.
Omit from sub-section (3.) “One hundred pounds”, insert “Two hundred dollars”.
Section 22lv............	Omit “Two pounds or more than Five hundred pounds”, insert “Four dollars or more than One thousand dollars”.
Section 22Iya.........	Omit from sub-section (4.) “pound”, insert “dollar”.
Section 22Iyc.........	Omit from sub-section (4.) “Two hundred and eight pounds” (wherever occurring), insert “Four hundred and sixteen dollars”.
Section 221yl.........	Omit from sub-section (1.) “One hundred pounds”, insert “Two hundred dollars”.
Omit from sub-section (2.) “One hundred pounds”, insert “Two hundred dollars”.
Section 221yn.........	Omit from sub-section (2.) “Five hundred pounds”, insert “One thousand dollars”.
Omit from sub-section (3.) “One hundred pounds”, insert “Two hundred dollars”.
Section 221yp.........	Omit from sub-section (1.) “One hundred pounds”, insert “Two hundred dollars”.
Omit from sub-section (2.) “One hundred pounds”, insert “Two hundred dollars”.
Section 223.............	Omit from sub-section (1.) “Two pounds or more than One hundred pounds”, insert “Four dollars or more than Two hundred dollars”.
Section 224.............	Omit “Two pounds or more than One hundred pounds”, insert “Four dollars or more than Two hundred dollars”.
Section 225.............	Omit from sub-section (1.) “Ten pounds or more than Five hundred pounds”, insert “Twenty dollars or more than One thousand dollars”.

 

The Schedule—continued

Provisions amended	Amendments
Section 226.............	Omit from sub-section (1.) “One pound”, insert “Two dollars”.
Omit from sub-section (2.) “One pound”, insert “Two dollars”.
Section 227.............	Omit from sub-section (1.) “Two pounds or more than One hundred pounds”, insert “Four dollars or more than Two hundred dollars”.
Section 228.............	Omit from sub-section (1.) “One pound or more than Fifty pounds”, insert “Two dollars or more than One hundred dollars”.
Section 230.............	Omit from sub-section (1.) “Twenty-five pounds, or more than Five hundred pounds”, insert “Fifty dollars or more than One thousand dollars”.
Section 231.............	Omit from sub-section (1.) “Twenty-five pounds, or more than Five hundred pounds”, insert “Fifty dollars or more than One thousand dollars”.
Section 232.............	Omit “One pound or more than Fifty pounds”, insert “Two dollars or more than One hundred dollars”.
Section 233.............	Omit from sub-section (2.) “Five hundred pounds”, insert “One thousand dollars”.
Section 234.............	Omit “One hundred pounds”, insert “Two hundred dollars”.
Section 251 j...........	Omit from sub-section (2.) “One pound”, insert “Two dollars”.
Omit from sub-section (5.) “One pound”, insert “Two dollars”.
Omit from sub-section (10.) “Ten pounds”, insert “Twenty dollars”.
Section 25Ik...........	Omit from sub-section (7.) “Ten pounds”, insert” Twenty dollars”.
Section 25 1l..........	Omit from sub-section (1.) “Two pounds or more than One hundred pounds”, insert “Four dollars or more than Two hundred dollars”.
Omit from paragraph (a) of sub-section (2.) “Twenty pounds”, insert “Forty dollars”.
Section 25In...........	Omit from sub-section (1.) “Two pounds or more than Fifty pounds”, insert “Four dollars or more than One hundred dollars”.
Omit from sub-section (2.) “Two pounds or more than Fifty pounds”, insert “Four dollars or more than One hundred dollars”.
Section 25lo............	Omit “Two pounds or more than Fifty pounds”, insert “Four dollars or more than One hundred dollars”.
Section 252.............	Omit from paragraph (d) of sub-section (1.) “Two pounds”, insert “Four dollars”.
Section 262a...........	Omit from sub-section (1.) “Two pounds or more than One hundred pounds”, insert “Four dollars or more than Two hundred dollars”.
Section 265.............	Omit from sub-section (3.) “Five hundred pounds” (wherever occurring), insert “One thousand dollars”.
Omit from sub-section (11.) “Fifty pounds”, insert “One hundred dollars”.
Section 266.............	Omit “One pound or more than Twenty pounds”, insert “Two dollars or more than Forty dollars”.