Income Tax Assessment Act of 1936 (1 Edw Viii No. 32) (Qld)

INOOl\IE TAX. ss. 1 (1), (2); 2 (1)-(3). I Enw. VIII. No. 32, 1936. Income Tax Assessment Act. 1585~ INCOME TAX. (1) The Income Tax Assessment Act of 1936 (2) The Income Tax Act of 1936 1 Edw. VIII. No. 32 1 Edw. VIII. No 33 An Act to Consolidate and AmeJ,ld the Law Relating 1 ~~ ~ . i; ~ II. to the Imposition, Assessment, and lxC! ~ETAX Collection of a Tax upon Incomes. AACSTSEOSSFM 1 E 9 N 36 T •• [C'rOWl2 [ASSENTED TO 11TH DECEMBER, 1936.] ( R ' evspeyrrv/ gedl! . t]is B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, ::!l1d by the authority of the same, as Iollows:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. (1.) This Act may be cited as" 'J.'lte Income Tax ~ h3r~titI6. Assessment .Act of 1936." s: l(iwth. * (2.) This Act shall come into force on a date Commence· to be proclaimed by the Governor in Council by A: ~ t of Proclamation published in the Gazette. 2. (1.) The Acts mentioned in Schedule I. of ~ ~ 12~ : : t: this Act are repealed. The said Acts are herein referred to as "the previous Act." (2.) The Acts mentioned in the Schedule to Y(The Schedule!L Income Tax .Act of 1924," and which were repealed by that Act, and which are set forth in Schedule I!. of this Act, are herein referred to as "the rep'ealed Acts. " (3. ) Notwithstanding the repeal of the previous Act and the repealed Acts, -and notwithstanding any- thing contained in any Act or law, rule or process of law, or judgment of any Court to the contrary- (a) Except as in this Act is otherwise provided, the last levy, assessment, and collection of income tax under the previous Act shall '" Act proclaimed in force as on and from 21st December, 1936, (Gazette, 21st December, 1936, page 2191). t 15 Geo. V. No. 34, supra, page 10945.

15860 s.2 (3). PART 1.- PRELIMIN_ ~ RY • IXCO.\UJ TAX. Income Tax Assessment Act. 1 EDW. VIII. No. 32, Tax undel repealud Acts or previous Act. be for the year ending on the thirtieth day of June, one thousand nine hundred and thirty-six, and the last annual period in respect of which returns of income shall be furnished under the previous Act shall end on the thirtieth day of June, one thou- sand nine hundred and thirty-five (or where another period is accepted by the Oommissioner in lieu of such last annual period then such other period so accepted) ; (b) All income tax, including super tax and any additional tax or other increase of tax, whether by way of penalty or otherwise, in respect of any income derived during any period which was payable or leviable under the previous Act or the repealed Acts or any of them, may be assessed and demanded and shall be enforceable and recoverable, and all penalties and fines incurred under the previous Act or the repealed Acts shall be enforceable and recoverable as if the previous Act or the repealed Acts had not been repealed: and for that purpose the previous Act and the repealed Acts and all regulations made thereunder shaH remain in force without limit of time, and to the :intent that any assessment or amended assessment issued under such previous Act or the repealed Acts or any of them may at any time be amended by the Commissioner to include any income which should have been therein included or to exclude or reduce the amount of any deduction which had been wholly or partly incorrectly allowed in such assessment or amended assessment, or to assess at a higher rate any income not already assessed at the full rate applicable thereto, and to the further intent that any additional amount of tax assessed together with any additional tax by way of penalty in respect of any such amended assessment shall be enforceable and recoverable as if the previous Act or the repealed Acts had Dot been repealed:

1936. INCO:JIE TAX. - - - - ------ Income Tax Assessment Act. s.2(3). 15861 PART 1.- PRELIMINARY. Provided that nothing in this para- graph shall prejudice or affect the right of any party to any judgment of any Court of competent jurisdiction obtained prior to the commencement of this Act, or any right of appeal from any such judgment; (c) All State officers and all members of the Officers. Board for the registration of tax agents appointed under the previous Act or the repealed Acts and holding office at the passing of this Act shall be deemed to have been appointed under this Act; (d) All books and documents made evidellee Documents under the previous Act or the repealed Acts ~ i~ ~ nce. shall continue evidence to the same extent as if this Act had not been passed; (e) All registrations made or granted under the Exi.sting. previous Act or the repealed Acts and in reglstrattons. force at the passing of this Act shall continue in force for the period (if any) specified in such registrations unless the same are sooner suspended, cancelled, or revoked under or in pursnance of this Act: (t) Except as provided in subsection twenty- Notice. nine of section twenty-nine, nothing in this ~ f? , e~ , ; ' ~ , 4 Act contained shall be construed so as to ~ ' ~ : me Pax prejudice the right of any OWller of live Amendment S t ocI{ w1n·eh has arI"sen under sec t" IOn f our . 1 4 9 e 0 t 7." 01 of *{( The Income Tcgr Act Anwndmenl Ll et of 1907"; (g) The Court of Review appointed under the previous Act and existing at the commence- ment of this Act shall continue to heal' and determine in the manner provided in the previous Act and within ~ uch limits as have been prescribed in the notice declaring such Court objections made before the commence- ment of this Act to assessments made under the previous Act or any previous law of the State, and shall for ~ uch purpose continue in full force and effect; * 7 Edw. VII. No. 5, supra, page 1002. I

15862 s.2 (4). PART 1.- PRELlMIXARY. JNCO}IE TAX. Income Tax Assessment Act. 1 EDW. VIII. No. 32, Exi~tiug' n',,1l1ations. l'\otices and :returns. Ch) All matters and proceedings commenced under the previous Act or the repealed Acts and pending or in progress at the com- mencement of this Act may be continned, completed, and enforced under the previous Act or the repealed Acts, as the case may be; (i) All existing regulations, or forms made 01' prescribed under the previous Act or the repealed Acts shall continue in force and shall apply to proceedings under this Act so far as such regulations and forms may be applicable until regulations and forms are made or prescribed under this Act; (j) All notices given and returns made during the year one thousand nine hundred and thirty-six under the previous Act in rCf-llkl·t of income derived during the year of income ended on the thirtieth day of June, one thousand nine hundred and thirty-six, shall (without prejudice to the power of th( ~ Commissioner to give any notices which may be giYen or any returns which may be required in respect of income deriyed during such year of income under this Act) be deemed to have been made or giYen also under this Act. Repeal of s. (4.) Section six1teen of '('((The Industrial and Pro- " 16 T o h f e Indus· vicZent Societies Acts) 1920 ,to 1935," is repealed; and t; : ~ ~ i~ ~ : t to the intent that, subject to this Act, from and after ~oCidiES the commencement of this Act, income tax at the rates t93 t ;:,,1920 to declared by the Parliament shall be levied upon and paid by eye1'Y society registered under such last- mentioned Acts, and in respect of every such society the first year of tax shall be the year of tax commencing on the first day of July, one thousand nine hundred and thirty-six, and the first year of income shall be the financial year commencing on the first day of July, one thousand nine hundred and thirty-five, or the account· ing period (if any) adopted under this Act in lieu of such financial year. * 10 Geo. V. No. 32 and amending Acts, 8upra, pages 2992 et Beq.

1936. INCO}f11j TAX. I ncome Tax Assessment Act. s.3. 15863 PART 1.- PRELI:MlSABY. Par as fo 3 l . loTwhiss:- Act is divided into Parts and Divisions; ~ : 5 d Q wth. PART I.-PHELIMINAHY (ss. 1-4) ; PAHT II.-ADMINISTHA'l'ION (ss. 5-6) ; PART III.-LIABILITY TO TAXATION (ss. 7-44)- Division l---General (ss. 7-15), Divisio'n 2--Income (ss. 16-28)- 8ubdivisl:on A-Assessable Income. Gener·- ally (ss. 16-17), Subdivision B-T1·ading Stock (ss. 18-27), Subdivision C- B~ tsiness Carried on Partly in and Partly out of the State (s. 28), Division 3-Deductions (s. 29), Di'vision 4-Leases (s. 30), Division 5- Cas~ Ull Profits and Losses (s. 31), Division 6-Pa'rtnerships (s. 32), Divis'ion 7-T1'ustees (s. 33), Division 8-Cornpanies - Generally (ss. 34-35), Division 9-Banks (s. 36), Division 10-Life Assurance and Insurance Companies (ss. 37-39), Division 11~ Co- oper( dive Companies (s. 40), Division 12-Afining Companies (s. 41), Division 13-1nterest Paid by Companies (s. 42), Division 14-0ve'rsea Ships (s. 43), Division 15-Film Business Contl'olled Abroad (s.44), Division 16-1 nS~ trance with Non-residents (s. 45) ; PART IV.-HETURNS AND ASSESSMENTS (s. 46) ; PART V.-OBJECTIONS AND ApPEALS (ss. 47-48); PART VI.-COLLECTION AND HECOVERY OF TAX (s. 49) ;

16864 s.4. PART 1.- PRELIMINARY. INCOnIE TAX. Income Tax Assessment A.ct. 1 EDW. VIII. No. 32, PART VII.-PENAL PROVISIONS AND PROSECU- TIOXS (s. 50) ; PART VIII.-MISCELLANEOl:"S (SS. 51-72). Definitions. S.40. S.6C'wth. 4. In this Act unless the contrary intention appears- "Agent" includes- (a) Every person who in Australia, for or on behalf of any person out of Australia, holds or has the control, receipt or dis- posal of any money belonging t.o that person, and (b) Every person declared by the Commis- sioner to be an agent or the sole agent of any person for any of the purposes of this Act; "Allowable deduction" means a deduction allow- able under this Act; "Assessable income" means all income derived directly or indirectly in or from sources in the State which is not exempt income and amounts which under the provisions of this Act are included in the assessable income; " Assessment" means the ascertainment of the amount of taxable income and of the tax payable thereon; "A State" means a State of the COInmonwealth of Australia; "Australia" includes the whole of the Common- wealth of Australia; . .,Business" includes any profession, trade, employment, vocation or calling, but does not include occupation as an employee; " Commissioner' , means the Commissioner of Taxes; " Commonwealth" means the Commonwealth of Australia; "Company" includes all bodies or associations corporate or unincorporate, but does not . include partnerships;

1936. INCOME 'l'AX. Income Tax Assessment Act. s.4. 15865 PART 1.- PRELIMINARY. "Exempt income" means income which is exempt from income tax and includes income which is not assessable income; "Friendly society" means a society duly registered as a friendly society under any Act of the Commonwealth or of a State or under any law in force in a Territory being part of the Commonwealth; "Income from personal exertion" 01.' "income derived from personal exertion" means income consisting of earnings, salaries, wages, commissions, fees, bonuses, pensions, superannuation allowances, retiring allow- ances and retiring gratuities, allowances and gratuities received in the capacity of employee or in relation to any services rendered, the proceeds of any business carried on by the taxpayer, either alone or as a partner with any other person, any amount received as a bounty or subsidy in carrying on a business, the income from any property where that income forms part of the emoluments of any office or employment of profit held by the taxpayer, and any profit arising from the sale by the taxpayer of any property acquired by him for the purpose of profit-making by sale or from the carry- ing on or carrying out of any profit-making undertaking or scheme, but does not include- (a) Interest, unless the taxpayer's principal business consists of the lending of money, or unless the interest is received in respect of a debt due to the taxpayer for goods supplied or services rendered by him. in the course of his business, or Cb) Rents, dividends or annuities, except the annuities specified in this definition; "Income from property" or "income derived from property" means all income not being income from personal exertion; •'Income tax" means the income tax imposed as such by any Act as assessed under this Act;

15866 s.4. PARI 1.- PRELUIINARY. INCOME TAX. Income Ta.T Assessment Act. 1 EDw. VIII. No. 32, "Life assurance company" means a life assur- ance company within the meaning of *(' Tile Life Ass1trance Compa'nies Acts) 1901 to 1934": the term "mutual life assurance company" means a life assurance company which is not a proprietary company within the meaning of those Acts; ., J Jiquidator" means the person \vho, whether or not appointed as liquidator, is the person required by law to carry Ollt the winding-up of a company; "Lin: stock" does not include animals used as heasts of bnrden 01' working beasts in ;1- business other than a business of primary production; "Monopoly company" means any company declared by resolution of the Legislative Assembly to be a company in possession or partial possession of a monopoly within the State for the production, distribution. transport or exchange of goods or commo- dities to the detriment of the public interests, or to be associated with any trust or combine for the purpose of securing a monopoly or partial monopoly in the State of the production, distribution, transport or exchange of goods or commodities to the detriment of the public interests; . "Mortgage" includes any charge, lien or encumbrance to secure the repayment of money; "Non-resident" means a person who is not tl resident; "Partnership" means an association of persons carrying on business as partners or in receipt of income jointly, but does not include a company; "Person" includes a company, partnership or trustee; "Prescribed" means prescribed by this Act or the regulations thereunder; * 1 Edw. VII. No. 20 and ame-nding Acts, supra, pages 282 et 8eq.

1936. INCOME rrAX. Tllcorne Tax Assessment Act. s.4. 15867 PART 1.- PRELIMINABY. ;, Previous Act" means the Acts referred to in Schedule I. of this Act, and when con- sidered in relation to any time means *«( The Income Ta:!: Act of 1924," and if such last- mentioned Act has been amended at such time means that Ad as so amended and in force at that time; "Primary production" means production re- sulting directly from the cultivation of land or the maintenance of animals or poultry for the purpose of selling them 01' their bodily produce including natural increase, and includes the manufacture of dairy pro- duce by the person who produced the ra,,,, material usecl in that mannfacture; "Public charitable institution" means a public hospital 01' a public benevolent institution maintained for the purpose· of providing for the relief of persons in necessitous cir- cumstances: the term also includes a public fund established and maintained fm: such purpose; "l>llhlic ntility" includes street tramway ser- vices, road traffic facilities, the manufacture or supply of coal gas for any purpose, and the production or supply of electricity for light, heat or power: the term also includes any undertaking declared by reso- lution of the Legislative Assembly to be a public utility; "Public utility company" means any company carrying on in the State the business of a public utility; ,. Queensland company" means a company registered or deemed to be registered under any Act of the State, the head or principaJ office of which is in the State and the principal business activities of which are carried out in the State or of which the head 01' principal office is out of the State and the principal busi:Gess activities are carried out in the State: the term also includes a ,. 15 Geo. V. No. 34, supra, page 10945.

''15868 s.4. PA'nt'I.- PRELnnNABY. INCO)IE TAX. Income Tax Assessment Act. 1 EDW. VIII. No. 32, company with business activities out of the State and the head or principal office in the State and which is declared by the Commis- sioner to be a Queensland company; "Regulations" means regulations made under the authority of this Act; "Relative" means a husband or wife or a, relation by blood, marriage or adoption; " Resident" means- (Cl) A person other than a company, who resides in the State and includes a person- (i.) Whose domicile is in the State, unless the Commissioner is satisfied that his permanent place of abode is out of the State, or (ii.) 'Vho has actually been in the State, continuously or intermittently, during more than one-half of the year of income, unless the Commissioner is satisfied that his usual place of abode is out of the State and that he does not intend to take up residence in the State, and (b) A company which is incorporated in the State or which, not being incorporated in the State, carries on business in the State, and has either its central management and control in the State, or its voting power controlled by shareholders who are residents of the State, ( c) Any company deemed by the qommis- sioner to be a resident; "Shareholder" includes member or stockholder; ,nraxable income" means the amount remaining after deducting from the assessable income all allowable deductions; : "Taxpayer" means a person deriving income j '''rhe State" means the © State of Queensland; "This Act" means this Act and theregulationsj

1936. INCO~ IE TAX. Income Tax Assessment Act. s. 5 (1), (2). 1586'9 PART 1.- PRELIMINARY. "r:l'rading stock'" includes anything produced, manufactured, acquired or purchased for purposes of manufacture, sale or exchange, and also includes live stock; Wfrustee," in addition to every person appointed or constituted trustee by act ofparties, by order or declaration of a Court. or bv operation of law, includes- ' . Ca) An executor or administrator, guardian, committee, receiver, or liquidator, and Cb) Every person having or taking upon him- self the administration or control of income affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession, control or management of the income of a person under any legal or other disability; ,,Year of income" means- , Ca) The financial year next preceding the year of tax, or Cb) The accounting period, if any, adopted under this Act in lieu of that financial year; "Year of tax" means the financial year for which income tax is levied. PART II.-ADMINISTRATION. PART I1.- ADMINISTRA· TION. 5. (1.) For the due administration of this Act the qommi~ ­ Governor in Council may from time to time appoint a ~ ~h~ ~r and fit and proper person, to be called the Commissioner S~ 5eQ~ ' of Taxes, and a like person to be Assistant Commis- s. 8 C'wth. sioner of Taxes. (2.) Whenever by rea:son of the absence or illness Deputy• .of the Commissioner or Assistant Commissioner or for other sufficient reason it is expedient so to do, the Governor in Council may appoint a fit and proper person to act as the deputy of the Commissioner 01' Assistant Commissioner; and during the term of his office such deputy shall have all the powers and authorities and shall perform all the duties of the Commissioner or Assistant Commissioner, and shall for the purposes of this Act be deemed in all respect::: to be tile Commissioner or Assistant Commissioner..

]5870 s.5 (3), (4); 6 (1)-(4). INCO~IE 'LAX. PA:a:rH.- ADl\llNISTRA· TION. Income Tax Assessment Act. 1 EDW. VIII. No. :32, Officers. Delegation b.y Commis· sloner. 8.12 C'wth. (3.) The G-overnor in Council may from time to time· appoint such assessors, receivers, and other officers as may be necessary for carrying out the provisions of this Act. (4.) The Commissioner may, by writing undeI' his hand, delegate to the Assistant Commissioner or any other person any powers, duties, and functions by this Act conferred or imposed upon him (except this power of delegation). Every delegation under this subsection shall be revocable at will, but any delegation shall not prevent the exercise of any power or function by the Com- missioner. Offioers to observe secrecy. S. 16 C'wth 6. (1.) For the purposes of this section "officer" means a person who is or has been appointed or employed by the Commonwealth or by a State, and who hy reason of that appointment or employment, or ill the course of that employment, may acquire or has acquired information respecting the affairs of any other person, disclosed or obtained under the provisions of this Act or of any previous law of the Commonwealth or the State relating to income tax. (2.) Subject to this section, an officer shall not either directly or indirectly, except in the performance ·of any duty as an officer, and either while he is, or after he ceases to be an officer, make a record of, or divulge or communicate to any person any such information so acquired by him. (3.) An officer shall not be required to produce in Court any return, assessment, or notice of assessment, or to divulge or communicate to any Court any matter or thing coming under his notice in the performance of his duties as an officer, except when it is necessaI'Y to do so for the purpose of carrying into effect the pro- visions of this Act or of any previous law of the Com- monwealth or the State relating to income tax. (4.) Nothing in this section shall be deemed to prohibit the Commissioner, or· any person thereto authorised by him, from communicating any informa- tion to- e a) any person performing, in pursuance of any appointment or employment by the

1936. INCOl\TE 'l'AX. income Tax Assessment Act. s. 6 (5)-(7). 15871 PART II.- ADMINISTRA- TION. Commonwealth or by a State, any duty arising under any Act administered by the Commissioner of Taxation or the Com- missioner of Land Tax for· the Common- wealth, for the purpose of enabling that person to carry out any such duty; Cb) the Commissioner of Income 'fax for a State, or the authority administering any Act of a State relating to Stamp Duties or Succession Duties if that authority is authorised by law to afford similar informa- tion to the Commissioner; (c) the Com1nissioner of Pensions or the Repatriation Commission for the purpose of the administration of any law of the Commonwealth relating to peilsions; (d) the Commissioner for ':'\Iaternity Allow- ances for the purpose of any law relating to maternity allowances; (0) the State Insurance Commissioner; or (f) the officer administering any Act or part of any Act relating to the imposition of tax for the relief of unemployment.. (5.) Any person to whom information is com- municated under the last preceding subsection, and .any person or employee under his control shall, in respect of that information, be subject to the same rights, privileges, obligations, and liabilities, under :subsections two and three of this section, as if he were .an officer. (6.) Any officer shall, if and when required by the Commissioner, to do so, make an oath or declaration, in the manner and form prescribed, to maintain secrecy in conformity with the provisions of this section. (7.) Any person who contravenes any provision of this section shall be guilty of an offence and shall be liable to a penalty not exceeding two hundred and fifty pounds or to imprisonment for any period not exceed- ing twelve months.

]5872 ss. 7-12. PART IlI.- LIABILITY TO TAXATION. INCO::\IE 'fAX. Income Tax Assessment Act. 1 EDW. VIII. No. 32, Division 1- General. PART IlL-LIABILITY TO TAXATION. Division l-Gene'ral. Income tax. s. 7 o. 7. Subject to this Act income tax at the rates 8.17 C'wth. declared by the Parliament, shan be charged, levied. collected, and paid for the year of tax commencing on the fil'lst day of July, one thousand nine hundred and thirty-six and for each year of tax thereafter, upon the taxable income derived during the year of income by any person. Accounting period. S.18 C'wth. 8. (1.) Any person may with the leave of the Com- missioner adopt an accounting period being the twelve months ending on some date other than the thirtieth day of June. His accounting period in each succeed- ing year shall. end on the corresponding date of that year, unless with the leave of the Commissioner some other date is adopted. (2.) Where the Commissioner has accepted re- turns from any person based on an accounting period as defined in the previous Act for the purposes of assessment for the last year of tax to which that Act applied, that person shall be deemed to have adopted a corresponding accounting period under this section. Money credited, reinvested, &c., to be income. S.26Q. S. 19 O'wth. 9. Income shall be deemed to have been derived by a person although it is not actually paid over to him but is reinvested, accumulated, capitalized, carried to any reserve, sinking fund or insurance fund however designated, or otherwise dealt with on his behalf or as he directs. . ! ~ ~ ~ ~ ~ ~ e~ i~ Q 10. For .all the purposes of this Act,. income Amtralian wherever derIved and any expenses wherever lllcurred s c . ur 2 r 0 en C c 'w y. th. S ha11 be expressed'In t erms 0 f Aust ralm' n currency. Where consideration 11. Where, upon any transaction, any considera- l S I . ot 21 in C c 'w as t h h . . vtiaolnueisopfatihdaotr cgoinvseindeortahteirownissehatlhla, nfoirn tchaeshp, uthrpeomseosneoyf this Act be deemed to have been paid or given. Income arising fron1 12. vVhere any income is received in the year of past income as a result of a transaction entered into prior to t S r . a 2 n 2 s C a c 'w ti0 th ns . . the commencement of this Act, and that income would have been assessable income under any previous law of the State if that law 11ad continued in force and had

INCOME TAX. s. 13 (1). 15873 1936. Income Tax Assessment Act. PARr III.- LIABILITY TO TAXATION. Division 1- applied to the assessment of the income derived in the General. year of income, that income shall be assessable under this Act notwithstanding that the transaction was entered into prior to that commencement. 13. The following income shall be exempt from Exemptions. income tax '._ S S . . 8 23 Q C . 'wth. (1.) the official salary of any person being- (a) the Governor-General or the Governor of the State; (b) the representative in Australia of the government of another country; (c) a foreign consul; (d) a trade ~ onunissioner of any part of the British Empire other than Australia; (e) a member of the staff of any such repre- sentative, foreign consul or trade commis- sioner if the Inember is domiciled in the country represented by the representative~ foreign consul or commissioner, and is tempprarily resident in Australia by direc- tion of the government of the country so represented for the purpose of performing his official duties, and if the official salary or officials (if any) of the Government of the State teurporarily resident for similar purposes in tIle country so represented is exempted from income tax by that country: or (l) an officer of the government of any country outside Australia which is part of the British Empire, who is temporarily in Australia to render service on behalf of that country or the Commonwealth or a State in accordance with any arrangement between the governments of that country and of the Commonwealth or of a State, if the salaries of officers of the Government of the Commonwealth or of a State tem- Iwrarily in that country for similar purposes in accordance with a similar arrangement are exempted from income tax hy that country;

15874 s.13 (2), (3). L\CO:\IE TAX. PART III.- -- LIABILITY TO TAXATION. Income Tax Assessment Act. 1 EDW. VIII. No. 32, Division 1- General. (2.) the remuneration paid by the Government IJi the Commonwealth or of the State to a non-resident for expert advice to that government or as a member of ;1 Ro?al Commission. (3.) income derived- (Cl) in the capacity of l'epresentc1tive of all association or club established in anv country for the control of any out-doo· ~· athletic sport or game in that country by any person visiting Australia in that capa- cit~ ' for the purpose of engaging in contests in Australia in that sport or game; (b) bv anv club or association in anv other part 0'£ the British Empire as its share of the proceeds of cricket, football or similar matches played in Australia by a team con- trolled bv that club or association visiting Australia from that part of the Britisll Empire, and recognised by the authority controlling that class of match in Australia as being representatiye of that part of tlw British Empire; (c) by the representative of any govel'nrllent, visiting Australia on behalf of that govern- ment, or by any member of the entourage of that representative, in his official capa( ' it~ , as such representative or member; (d) in the capacity of representative of any society or association established for c'duca- tional, scientific, religious or philanthropic Imrposes, by any person visiting Australia in that capacity for the purpose of attend- ing international or Empire conferences (lL' for the purpose of carrying on investigation or research for such society 01' [lssociation; (c) in the capacity of representative of the pr8ss outside Australia, by any person visiting Australia in that capacity for the purpose of reporting the proceedings relat- ing to any matters referred to in the pre- ceding paragraphs of this subsection;

INCOME TAX. s. 13 (4)-(8). 15875 1936. Income Tax Assessment Act. PART I1L- LIABILITY TO TAXATION. Division J- (f) by any person visiting Australia, from an General. occupation carried on by him while in Australia, if, in the opinion of the Treasurer, that visit and occupation are primarily and principally directed to assisting the Com·· monwealth Government or a State Govern·· ment in the settlement or development of Australia; and (g) as remuneration by a non-resident during a visit to Australia during which he acts as a director, manager or other administrative officer of a manufacturing mercantile 01' mining business or of a business of primary production, if the visit of the non-resident to Australia does not exceed six months and the remuneration is not an allowable deduction in any assessment under this Ad of the person paying it. (4.) the revenue of a municipal corporation or other local governing body or of a public authority eOllstituted under any Act of the Commonwealth 01' of a State, or under any law in force in a Territory being part of the Commonwealth. (5.) the income of religious, scientific, public charitable or public educational institutions. (6.) the income of a trade union and the income of an association of employers or employees registered nnder any Act of the Commonwealth or of a State or under any law in force in a Territory being part of the Commonwealth relating to the settlement of industrial disputes. (7.) the income of a society or association not ~ arried on for the purposes of profit or gain to the individual members thereof, and being a friendly society (other than a building society), or a society or association established for musical purposes, or for· the encouragement of music, art, science or literature. (8.) the income of a society or association not carried on for the purposes of profit or gain to the individual members thereof, established for the purpose of promoting the' development of aviation 01' of the agricultural, pastoral, horticultural, viticultural, nmnufacturing or industrial resources of Australia. 1

15876 s.13 (9)-(15). INCO}IE 'rAX. PART I1I.- ~ - - - - - ~ - - - - ~ ~ ~ - LIABILITY TO TAXATION. Income Ta:!; Assessment Act. 1 EDW. VIII. No. 32, Division 1- General. (9.) interest on deposits in the Sayings Bank Department of the Commonwealth Bank of Australia. (10.) the incomes of the following funds, pro- yided that the particular fund is being applied for the purpose for \vhich it was established~ (a) a provident, benefit or superannuation fund established for the benefit of employees; (b) a fund established bv will or instrument of trust for public chai'itable purposes; and ( c) a fund established for the purpose of enabling scientific research to be conducted by or in conjunction witb a publie nniversity or public hospital. (11.) interest on bonds, debentures, stock, or other securities of the Commonwealth or of the State issued for the purposes of Commonwealth or State loans or on loans to anv authoritv constituted under the law of the State wher'e such interest is guaranteed under Order in Council to be exempt from tax under this Act. (12.) pensions paid under the ,f ~ lu8tr( (1i( ( n Soldiers' Repat·riation Act, 1920-1934. (13.) the income received by way of periodical payments in the nature of alimony or maintenance, bO" a woman from her husband or former husband: Pro- vided that for the purpose of making such payments the husband, or former husband, has not divested him- self of any income-producing assets, or diverted from himself income upon which he would otherwise have been liable to tax. (14.) the income derived by a person from the working of a mining property in the State principally for the purpose of obtaining gold, or gold and copper. provided that in this case the value of the output of gold is not less than forty per centum of the total valu~ of the output of the mine. (15.) the proceeds of the sale, transfer or assign- ment of the right to mine or of the lease of a mining * Commonwealth Act No. 6 of 1920 and amending Acts.

I~ COl\ IE 'rAX. s. 13 (16). 15877 19:36. Income Tax Assessment Act. PART III.- LIABILITY TO '.DAXATION. propert y ( 0 tller t' . han coa1 mI·nI·n)g where the COmmI. S- GDeivniesrioanl. 1- sioner is satisfied that the rights to mine or the lease has been sold, assiglled or transferred by a bona fide prospector. The term "bona fide prospector" means and includes- ({t) a company which, by its servants, haB carried out the whole or major part of the field work of prospecting in the particular . area of such mining property (other than coal mining) ; (b) any other person \vho has personally carried out the whole or major part of the field work of prospecting in the particu13.r aroa of such mining property (other than coal mining) ; and (c) any person other than a company who has contributed to the expenditure incurred in the work of prospecting in the particular area of such mining property (other than coal mining). (16.) (a) dividends received from a company to the extent to which they have been distributed by the company out of profits which are exempt from income tax in the hands of the company under the provisions of subsection eleven of this section 01' under a similar provision in any previous law of the' State; (b) dividends from any company distributed out of profits on which the company has paid Queensland income tax or out of profits (other than those referred to in the last preceding subsection) which are exempt from income tax in the hands of the company. Such exempt income, less the expenses of earning or deriving same, is in this Act also referred to as "income from dividends" : Provided that nothing in this subsection shall be construed as exempting from income tax the amount derived or received from dividends as an annuity or any part thereof.

1.5878 ss. 13 (17) ; 14-16 (1). INCO)IE TAX. PART III.- LlABILITY TO T,,:'nTIOCi. Income Tax Assessment Act. 1 EDW. YIlI. No. 32, lJiTi.,;on 1- Ueneral. (17.) all payments received from the State Public Service Superannuation Fund under *u The Public Service Superannuation Acts, 1912 to 1927," and Y' The Railway Superannuation Acts, 1930 to 1932, Repeal Act of 1933," except payments therefrom received by any person for services rendered in the administration thereof. Limitation of exemption, 14. (1.) -VVhere any income is exempt from income 8 S .2 .3 4 C Q. 'wth. toarxig, itnhael erexceiipnipetniot nofshtahlel binecolimmei,teadntdo sthhaellsnpoect ifeixetdenodr to persons receiving payments from that recipient, although the payments may be made wholly or in part out of that income. (2.) The exemption of any income from income tax shall not exempt any person from furnishing any return or information which may be required b~ ' the Commissioner, or from including in his return such information as is prescribed or as is required by the Oommissioner. Con,tl'UC- tim, of s. 13 15. Nothing contained in section thirteen is to be read as limiting in .my way the force or effect of paragraph (s) of subsection one of section sixteen. Dil'ision 2- lnrom e. Division 2-Tncomc. S1lbchl'ision A-Assessable Income Generally. C ite e m rt s ai o n f . 16. (1.) The assessable income of a taxpayel' sball a in s c se o s m sa e b . le mclude- Ss. 10 and (a) Interest un '11.0ney secured by mortgage of HQ. SS. 25 and 26 any property to the following extent:- C·wth. (i.) where the whole of the property is in the State-the whole of that interest, (ii.) where some of the property is in the State and some is out of the State-the whole of the interest if income tax (other than Oommonwealth income tax) is not paid out of the State on some part of tht' interest, (iii.) where some of the propel'ty is in the State and some is out of the State and income tax (other than Commonwealth * 3 Geo. V. No. 28 and 18 Geo. V. No. 15, supra, pages 15696 and 12026. t 24 Geo. V. Ko. 3, 8upra. page 14729.

INCOME TAX. income Tax .!lssessment Act. 8.16(1). 1G879- PART IlI.- LIABILITY T() TAxAntl1'l. income tax) is paid out of the State on ~ : : ' ~ ~ : ' ( ~ : 2- any part of that interest-that part of the interest which bears the same pro- portion to the whole of the interest as the value of the property in the State bears to the value of the whole of the property, (iv.) where the whole of the property is out of the State but in Australia-none of that interest; (b) interest on money lodged or in respect of debts situated in the Territory for the Seat of Government of the Commonwealth and income arising from other investments in that Territory if the taxpayer deriving that interest or income is a resident; (c) profit arising from the sale by the taxpayer of any property acquired by him for the purpose of profit-making by sale, or from the carrying on or carrying out of any profit-making undertaking or scheme; (cl) beneficial interests in income derived under any will, settlement, deed of gift or instrument of trust; (e) the amount of any annuity, excluding in the case of an annuity which has been purchased, that part of the annuity which represents the purchase price to the extent to which that price has not been allowed or is not allowable as a deduction in assess- ments for income tax under this Act or any previous law of the State; (f) five per centum of the capital amount of any allowance, gratuity or compensation where that amount is paid in a lump sum in consequence of retirement from, or the termination of, any office or employment, and whether so paid voluntarily, by agree- ment or by compulsion of law: Provided that this paragraph shall not apply in respect of any amount paid or credited by a company which under any provision of this Act is deemed to be a dividend paid to the recipient;

15~ 80 s.16(1). IXCOl\IE TAX. PART TlI.- LIABILITY TO TAXATION. Incmne Tax Assessment .!:lct. 1 Envv. VIII. No. 32, Ei'l'/sion 2- }Jlcome. Cg) the value to the taxpayer of all allowances, gratuities, compensations, benefits, bonuses and premiums allowed given or granted to him in respect of, or for or in relation directly or indirectly to, any employment of or services rendered by him, whether so allowed, given or granted in money, good,:;, land, meals, sllstenance, the use of premises or quarters, or otherwise: Provided that this paragraph shall not apply to any allowance, gratuity or conlpensation which is included in the last preceding paragraph or which under any provision of this Act is deeme:1 to be a dividend paid to the recipient; Ch) any amount received as or by \vay of royalty; (i) any bounty or subsidy to the extent to which it is received in or in relation to the carrying on of a business in the State; (j) the amount of any fee or commission· received for procuring a loan of money; (k) any amount received as or by way of bonus other than a reversionary bonus on a policy of life assurance; (l) any amount received by way of insUl'ancu or indemnity for or in respect of any loss- Ci.) of trading stock which would have been ~ aken into account in computing taxable Income, or (ii.) of profit or income which would have been assessable income, if the loss had not occurred, and any amount so received for or in respect of any loss or outgoing which is an allowable deduction; Cm) the amount or value of any consideration recei,'ed in connection with a right to remove stD.:::1ding timber from land less the amount, if any, by which the value of the land is or will be diminished by the removal of the timber;

INCOME TAX. s.16 (1). ~~ ~ ~ ~ ~ ~ - - ~ ~ - - ~ ~ ~ - - ~ ~ ~ ~ ~ ~ - - - 1936. income Ta:c Assessment Act. ];,)881 PART IlI.- LLIBILlTY TO 1\ \ X_ \ TIO~ . Vi I' i, ~ ' i( jn ::-- (n) the amount of salary, wages or remunera- Income. tion derived whilst temporarily engaged on duties out of the State by a taxpayer who ordinarily resides in the State: Provided that, where the taxpayer has paid in any place outside the State income tax (other than Commonwealth income tax) in respect of the whole or part of that salary, wages or remuneration, he shall bp entitled to a rebate in his assessment of an amount equal either to the tax so paid or to the proportion of the tax payable under this Act which is attributable to that salary~ wages or other remuneration, whichever is the less; (0) in the case of any pension received by a resident in respect of or for or in relation directly or indirectly to any past employ· ment or service rendered by him irrespective of the source from which the pension is received- (i.) if the whole of that employment 01" service was given or rendered in Australia --the full amount of such pension; (ii.) if part only of that employment or service was given or rendered in Aus- tralia-a part of such pension being a sum which bears the same proportion to the full amount of such pension as the part of that employment or service which 'Nas given or rendered in Australia bears to the whole of that employment 01' serVIce: Provided that where a taxpayer has paid in any place outside the State, income tax (other than Commonwealth income tax) in respect of the whole or part of that pension, he shall be entitled to a rebate in his assessment of an amount equal either to the tax so paid, or to the proportion of the tax payable nnder this Act, which is attributable to that pensi.on, whichever is. the less.

15882 s.16(1). IXCO~ IE TAX. PART HI.- LIABILITY TO TAXATION. Income Tax Assessment Act. 1 Eow. VIII. No. 32, Division ;2- income. (J!) any consideration received for the grant- ing of an option to purchase any property: Provided that where the option. is exer- cised the consideration shall be added to and deemed to form part of the purchase price, and in that case any previous assess- ment in which the consideration has been included in-the taxpayer's assessable income shall be amended by omitting the considera- tion, notwithstanding any provision of this Act limiting the time for amending assess- ments; S.lO (8) Q. ( q) (i.) the amount by which the book value of any asset, 01' of the assets as a whole, of a company is increased by writing into the books or by the writing up in the books of the value of such asset or assets, ~ . 10 (10) Q. (ii.) the amount of the excess at which any asset or the assets as a whole of a company is brought to' account in the books of account upon acquisition over the con- sideration (if any) given by that company for such asset or assets: Provided that, for the purposes of this paragraph, where a company issues shares as the consideration or in part consideration for such asset or assets, the consideration satisfied by the issue of such shares shall be deemed not to exceed the value to which such shares are actually paid up; (r) (i.) all net gains or profits arising from the forfeiture of shares in a company, (ii.) notwithstanding any provision of this Act limiting the time for amending assessments, if the company re-issues any of the shares the Commissioner may make such an adjustment in the assessment as is necessary to ensure that only the actual profit arising from the forfeiture of such shares is therein included;

L'\COllIE TAX. ss. 16 (2), (3); 17 (1), (2); 18 (1). 15888 19:36. I/lcOIn(; Tax Assessm nit Act. PART III.- LTABTL11'Y TO TAXATIOl'. (s) the proceeds of the sale of each ticket g: : ' ~ ~ ( : ~ 2- issued in a drawing, sweep or lottery for a s. 41 Q. prize paid by means of cash, bonds, inscribed stock or other negotiable instrument. (2.) ]1 0r the purposes of this section "income tax" means such tax imposed as income tax as in the {)pinion of the Commissioner is reasonably comparable in its nature to the tax assessed under this Act. (3.) (a) When any Queensland company, not being a metalliferous mining company, issues any of its shares at a premium, all such premiums in excess of the paid-up value of shares allotted and issued by the com- pany shall for the purposes of this Act be assessable income of the company. (b) In the application of the foregoing provisions to a company which not being a Queensland company eanies on business ill the State, the amount of the assessable income derived in the State shall be taken as that amount which bears the same proportion to the full amount of the premiums as the value of the <1ssets in the State on the date of the issue of the shares bears to the total value of all assets of the company on that date. , 17. (1.) . The interest on loans raised in the lIonatenrsersatI. osend State, after the thIrty-first day of December, one in Queens. thousand nine hundred and twenty-three, by the~ ~ ~ ~ r~ Government of any country or dominion outside Aus- mAuensttrsaloiuat.side tralia or by anv authority constituted by or under allV s. 27 Q. law of any sl{ch country or dominion, and received s. 27 C'wth. directly 01' indirectly by a resident, shall be deemed to be derived by him from a source in the State, and shall be included in his assessable income. (2.) For the purposes of this section a loan shall be deemed to have been raised in the State if subscrip- tions to the loan were invited in the State by public a~ vertisement, by the issue of a prospectus or other- WIse. Sttbdivision B-Trading Stock. 18. (1.) ,Yhere a taxpayer carries on any busi- Computation ness, th. e va· lue, ascerta'Ined under thI' S SubdI' V.l's.Ion, 0 j : ' forfopmrotfriatsding aol f l m . trcaodmineg, asnto d ck 0 f oanllhtarnaddiantg tshteocbkegOilnl nhianngdoaftththee . yeenadr s s S t . . oc 218 k 0 . C Q ' . wth.

16884 ss.18 (2), (3); 19,20 (1)-(3). INCO}IE TAX. . PART Ill.- LIABILITY TO TAXATION. Income Ta,x Assessment Act, 1 EDW. VIII. No. 32, ]);ri8ioll 2~ Income. of that year shall be taken into account in ascertaining whether or not the taxpayer has a taxable income. (2.) Where the value of all trading stock on hanel at the end of the year of income exceeds the value of all trading stock on hand at the beginning of that year, the assessable income of the taxpayer shall include the amount of the excess. (3.) vVhere the value of all trading stock on hand at the beginning of the year of income exceeds the value of all trading stock on hand at the end of that year, the amount of the excess shall be an allowable deduction. Value at heginning of 19. The value of live stock and of each article of iynecaorln o e f . other trading stock to be taken into account at the S. 29 C'mh. beginning of the year of income shall be its value as ascertained under this or the previous Act at the end of the year immediately preceding the year of income. "'here CCllllllon- 20. (1.) Where the value of live stock at the wSteeatlcthvaalnude3 beginning of the year of income, as ascertained for the di{fer. purpose of assessment to income tax under the law of S. WO'wth. the Commonwealth, differs from its corresponding value as ascertained under the last preceding section, and it appears to the Commissioner that, if those values were equal, the corresponding values would remain equal in subsequent years, the taxpayer may, subject to this section, take his live stock into account at the heginning of the year of income at a value equal to its corresponding value under the law of tIle Oommonwealth. (2.) Where the value at which that live stock is taken into account at the beginning of the year of income exceeds the value as ascertained under the last preceding section, amounts in the aggregate equal to the excess shall be included in the assessable income of the taxpayer of one or mOTe of the years being the year of income and the four years next succeeding that year. (3.) ,¥here the value of live stock as ascertained under the last preceding section exceeds its value as taken into account at the beginning of the year of income, amounts in the aggregate equal to the excess shall be deducted from the assessable income of the taxpayer of one or more of the years being the year of income and the four years next succeeding that year.

INCOl\LE 'rAX. SS. 20 (4); 21-24 (1). 15885 19:36. 1 Jlconw Tax Assessment Act. .PART 111.- LIABILITY TO TAXATION. • '., • ])il';"ion 7!- (4.) The amounts referred to m subsectlOns two ["come. and three of this section and the years in respect of which they are to be taken into account, shall be such amounts and years as are agreed upon, by the taxpayer and the Commissioner, and unless and until those amounts and years are so agreed upon, this section shall not apply to the assessment of that taxpayer. • 21. . The value of each article of trading stock (not oVfavlucearatofend bemg hve stock) to be taken into account at the end income. ()f the year of income shall be, at the option of the tax- s. 31 O'wth. payer, its cost price or market selling value or the price at which it can be replaced. 22. The value of live stock to be taken into account ~ ~ ~l< ca~ f~ ~ ~ t at the en(lof the year of income shall be, at the option ~ ) f year of of .the taxpayer, its cost price or market selling value, S~ c32C;wth. and where a taxpayer does not exercise his option within the time and in the manner presclibed, th( ~ value so to be taken into account shall be the cost price: Provided that, where a taxpayer satisfies the Commissioner that there are circumstances which justify the adoption by him of some value other thaD DoSt price or market selling value for the whole or part of his live stock, he may, with the leave of the Com- missioner, adopt that other value. 23. A taxpayer shall not, except with the leave of' Oh~ nges in tlle COlTIm. lS.SlOner, adopt a baSl. s 0 fvIa uta'lOn 0 f hI' S l' IVe vbaaSlIuSaotifon stock taken into account at the end of the year of fl1~ vo; ; ~ h~ ' income different from the basis on which the valuatit)l1 of his live stock was made when it was last taken into account at the end of a previous year, whether under this or any previous law of the State. . 24. (1.) rrhe cost p '. rice per head of natura] Onaotsutrp a r l ice of mcrease of any class of lIve stock of a taxpayer shall incrnum. b e- S. 34 O'wth. ((t) where the cost price of natural increase of that class has been previously taken into account under this Act by the taxpayer- the cost price per head at which naturai increase of that class was last taken into account unless, with the leave of the Com- missioner, the taxpayer selects another cost price; and

1588G ss. 24 (2); 25, 26 (1), (2); 27 (1). f?\CO:\JE'l'AX. PART HI.- LIABILITY TO TAXATlON. IJt,.i.,io'll t- Income. ----- - - - - - - - - - - ~ - - - - - Income Tax Assessment Act. 1 BDW. VIJI. No. 32, --------- (b) where the cost price of natural increase of that class has not been previously taken into account under this Act by the taxpayer- the cost price selected by him within the limits pre~ cribed in respect of Jive stock of that class. (2.) Where a taxpayer does not so select within the time and in tbe manner prescribed he shall bo deemed to have selected, as the cost price, the lower of the prescribed limits. Whcn COIll· 25. The Commissioner may exempt persons who U m l a lS y S1 e 0 x n e e m r pt do not own more than one hundred and fifty head of preetrusornninfrgom live stock from returning such live stock as on hand at live stock. the beginning and end of a year of income, but such S( i.ii 1 .) .0 Q I7 . i persons shall return the numbers and values of live stock purchased during the year, and return as income the proceeds of any live stock sold by them during the year. Dispo;.;ul of assets of a busincss. S. 36 C'wth. 26. (1.) Subject to this section, where the whole or any part of tbe assets of a business carried on by a taxpayer is disposed of by sale or otherwise howsoever, whether for the purpose of putting an end to the busi- ness or any part thereof or not, and the assets disposed of include any property being trading stock, standing or growing crops or crop-stools, the value of that property shall be included in his assessable income, and any person acquiring that property shall be deemed to have purchased it at the amount of that value. (2.) For the purposes of this Act the consideration which is attributable to each separate asset disposed of shall be determined by the Commissioner and the amount so determined shall be deemed to be the price at which such asset was disposed of. Devolution on death. S. 37 C'wth. 27. (1.) Where the assets of a business carried on by a taxpayer devolve by reason of his death, and those assets include any property being trading stock, standing or growing crops or crop-stools, the value of that property shall be included in the assessable income derived by the deceased up to the date of his death, and the person upon whom the property devolves shall be deemed to have purchased it at that valne.

INCOME TAX. ss. 27 (2); 28 (1)-(3). 15887 1936. Income Tax Assessment Act. PART III.- LIABILITY TO TAXATION. ])ivision 2- (2.) For the purposes of this section the value of lncome. the pl'operty so to be included shall be the amount which would have been included in respect of that property in the assessable income of the deceased person, undel' the last preceding section if he had not died but had disposed of the property on the day of his death for the purpose of putting an end to the whole of a business carried on by him: . Provided that, if the trustee of the estate of the deceased and the beneficiaries (if any) who are liable to be assessed in respect of the income of the busines:;: or of a share in that income, unanimously so agree and give notice of their agreement to the Conunissionel' at the time and in the manner prescribed, that value shall be the value (if any) at which that property woulc1 have been taken into account at the date of the death of the deceased person if he had not died, but an asseSE- ment had been made in respect of the income derived by him up to that date. Sttbdt:vision C-Business carried on Partly in and Partly out of the State.. 28. (1.) In this Subdivision- Definitions. "Goods" includes wares, merchandise and any substance, product or commodity. "Net revenue" means the amount remaining after deducting from the total income (except interest which is exempt under sub- section eleven of section thirteen) all losses and outgoings incurred in the production of that income which would have been allow- able deductions if that income had been aS8essable income. (2,) Where a person sells goods by means of any- Goods thing done by himself when in the State, or by mean~ g: e~ lddi! O osgoft· oaatdnes faaogrreetnhm. te optruhrrepeopSsrteeastoeernI. otnartpiavureresiutnoantbcheee obSrrto I a. I ut I egc, hotannsm. edqtuothenothcseee S t 1 S h 6 s. e . Q41 S 14. t C a a t n' w e d . th. of such sale he shall be deemed to have sold them in thp State. (3.) VVhere a person sells goods by means of any- ~ oods cl thing done by himself when out of the State, or by b: ~ & d to means of an agent or representative out of the State, S~!t~f tbe

15888 s.28 (4)-(6). I~ CO} IE TAX. III.- PART - - - ~ - ~- - ~ - - - - - - - - ---- LIABILITY TO TAXATIO);. Income Ta;x; Assessment Act. 1 EDw. VIII. No. 32, Division 2- Income. and those goods are out of the State, or are to be taken out of the State for the purpose or in pursuance or in consequence of such sale, he shall be deemed to have sold them out of the State. Instrumcn (4.) A sale is deemed to be made by means of a t s a . l 4 i i t c ,. \yth. person or of something done when such person or thing clone is instrumental in bringing about the sale. Sales of goods in and out of the State. (5.) Except as provided in this Subdivision- ((1) where goods are sold in the State by any person the whole of the profit arising from the sale shall be deemed to be income derived in the State; (b) where goods are sold out of the State but in Australia by any person the whole of thE" profit arising from the sale shall be deemed to be income derived out of the State. Sales ill the (G.) vVhel'e goods produced, manufactured or g S o ta o t d e s o m f anu- partly manufactured out of Australia are sold in the ofafcAtuursetdra<li' uat. State by the producer or manufacturer of the goods r and the profit arising from the production or manu- facture and sale is deemed to be income derived in the State, the Commissioner shall ascertain the profit from the sale of the goods on the basis of the actual cost of the production or manufacture of the goods, and in any case where it appears to the Commissioner to be difficult to ascertain such actual cost he may adopt as the cost anv amount which he considers reasonable arrived at in"such manner and bv such means as he considers just, and the Commissioner shall, if he is satisfied that portion of the profit from the sale attributable to the operations of production or manufacture carried on out of the State, is liable to income tax in the country of production or manufacture, allow a rebate as follows:- ((1) where the goods are wholly produced or manufactured out of Australia-a rebate of one-half of the tax payable under this Act on the profit; or (b) where the goods are subject to further pro- cess of manufacture in Australia-a rebate

J!J86. INCOME 'l'AX. s. 28 (7)-(11). 15889 Income Tax Assessment A.ct. PART III.- LIABILITY TO TAXATIOX. Di1"iS;O/l 2- of an amount determined by the Commis·· income. sioner not exceeding one-half of the tax payable under this Act on the profit. (7.) Where goods manufactured out of the State Sales in the but in Australia are sold in the State by the manu- : ~ ~ es~ ! anu_ facturer , one-half of the profit arising from the faancottuhreerd in manufacture and sale shall be deemed to be income State. derived in the State. (8.) Where goods manufactured in the State are Salesoutof sold out of the State but in Australia bv the manu- ~ ~ ~ ~ : ~ ; ~ ~ ~ ­ facturer, one-half of the profit arising froi11 the manu- ! h~ ts~ ~ fe~ n facture and sale shall be deemed to be income derived in the State. (9.) Where goods are sold in the State in the Sales ill the (:ourse of a business carried on out of the State but in ~ t: ; ~ h~ i. t Australia by a person not being the Inanufacturer of c b a u r s ~ m y e i s n s g oount the goods, one-half of the profit arising from the sale of the State. shall be deemed to be income derived in the State. (10.) Where goods are sold out of the State but Sales out of I.n A us t rall' a I.n the course 0 f a buS' ln.ess carn.ed on I . n t a hme eSrtcahteanbty the State by a person not being the manufacturer o . f c b a u r s ~ m yi e n s g s . m on the goods, one-half of the profit arising from the sale the State. shall be deemed to be income derived in the State. (11.) Notwithstanding anything contained in this Sa.Jes of Subdivision, the following provisions shall in the cases E~ ~ d~ ~ ' ~ and therein mentioned apply to the profit derived from the A al in r sale anywhere in Australia of goods which are the pro- ustra Ill,. duce of a business of primary production or of coal- mining carried on in Australia,:- ((1;) where the goods are produced in the State and are sold by or on behalf of a person • carrying on the business of which the goods are the produce, the profit shall be deemed to be income derived in the State; (b) where the goods are produced out of the State and are sold by or on behalf of a person carrying on the business of which the goods are the produce, the profit shall be deemed to be income derived out of the State.

15890 s. 28 (12)-(15) JNC'O)rE TAX. PART IIJ.- LUBIUTY TO 'fAXATION. lncorne Ta;/; Assessment Act. 1 EDw. VIII. No. 32, Division 2- Inc0!lU. (12.) The amount of any profit referred to in this Ascertain· Subdivision shall be ascertained by adding to the pro- mpreonfittso.f ceeds of sale any bounty or subsidy received in respect of the goods sold, and deducting therefrom all losses and outgoings incurred in deriving the profit which would have been allowable deductions in respect of those proceeds if those proceeds had been included in the assessable income of the person deriving the profit, and those losses and outgoings had been wholly incurred in the State. AS5e,sable inCOll1C and deductioll". S. 43 C·,,~th. (13.) The assessable income of a taxpayer shaH include any profit or net income derived in the yenr of income by him which under the provisions of this Subdivision is deemed to be derived in the State, and no amount which is taken into account in ascertaining the amount of any profit or net income derived by him shall be an allowable deduction. Exclusion of luining. (14.) (Cl) Subsections two to thirteen (both inclusive) of this section shall not apply for the pur- pose of determining the income derived or deemed to be derived from a source in or out of the State by any person from the carrying on of a business of mining (other than coal mining). (b) Where, for any of the reasons stated in sub- section fifteen of this section, the source of any profit from the carrying on of any such business as is referred to in paragraph (et) of this subsection is not exclusively in the State, the part.of the profit deemed to be derived from a source in the State, and the part of the profit deemed to be derived from a source out of the Statc shall be determined in accordance with subsection fifteen of this section. Source of (15.) Where goods arc exported from ·the State d il c lc r m iH n ' o d from and either before or after export are sold out of the export Australia and- of gocds manufactured or produced (a) by reason of the manufacture, extractioll in the State. S. 42 C'wth. from the earth, winning, production, 01' purchase of such goods in the State; or Cb) by reason of successive steps of extraction, winning, production, or manufacture in and out of the Stat:; or

ID36. IXCOl\LE TAX. s. 28 (16), (17). 15891 Income Tax Assessment Act. PART III.- LIABILITY ''[0 TAX.\TWX. Diri, ~ ion 2 - (C) by reason of the making of contracts out Income. of the State; or (d) for any other l'eason whatever, the source of any profit is not exclusively in the State, the. part of the profit deemed to be derived from [t source in the State, and the part of the profit deemed to be derived from a source out of the State, shall be determined in accordance with the regulations, or, if there are no regulations applying to the case, shall br determined by thA Commissioner. (16.) vVhere in any of the circumstances referred Profit on to in subsection fifteen of this section any profit is or js ~ ~ ~ ~ f 801d deemed to be derived from a source out of Australia Australia !,llcf that profit shall if derived by a resident be included in ~ ~ ~ l; ~ , ; ed In his assessable income, unless·the Commissioner is satis- of sale. fied that income tax has been paid in the country of sale in respect of that profit. (17. ) ( a ) ,Vhere a person carries on business Income of (other than a business to which Division 9, Division 10, g: : ~ ~ i~ lgOn Division 14, or Division 15 of this Part applies) in and business in (,ut of the State, and the net income derived in the State ~ h~ sr! t~ : is not kept separate and apart fl'om net income derived out of the State, that person shall furnish the Commis- sioner \vith a return setting out a statement of the part of the net revenue which can be definitelv shown as having been derived in the State. .. (b) Thel'e shall, in the statement, be added to the part of the net revenue definitely ascertainable as hay· ing been derived in the State a part of the profit upon the sale of any goods (determined in accordance with the preceding provisions of this Subdivision) not so <1 scertainable. • rrhere shall also be added an appropriate part of the llet revenue derived otherwise than from the sale of goods which cannot be definitely allocated to sources in or out of the State. ( c) The return shall set out particulars of any apporiionments, and shall be accompanied by a full and complete statement of income and expenditure and assets and liabilities in connection with the business in and out of the State.

15892 s.28 (18)-(21). INCO;\IE TAX. PART IlI.- LIABILITY TO TAX.HION. 1ncome Tax Assessment Act. 1 EDW. VllI. No. 32, D-icision 2- Income. (18.) (Cl,) The Commissioner may, subject to such A~ locatiO! ~ alterations as he considers necessary, accept the state- < :n 'I eanptpoofrtIOn· ment ref erred t 0 ' In subsectI' on sevent een 0 f thI' S sect"IOn, ~~ ~ ~ ~ ~ en~ ' thcre or may, without limitation of any of his powers under deiinit'?oly this Act allocate to a source in or out of the State any 8mrtalllablc. part of 'the net revenue which, in his opinion, can be so allocated. Any part of the net revenue derived from sales shall be apportioned between sources in and out of the State in accordance with the preceding provisions of this Subdivision and the balance may be apportionecl between sources in and out of the State according to the remaining income in the State, as compared with the remaining income from all sources. The part of the net revenue allocated or appor- tioned to a source in the State shall be deemed to be: net income derived from a source in the State. (b) Notwithstanding anything contained in this subsection, the Commissioner may apportion the net revenue between sources in and out of the State upon the basis of the assets used in the State in the produc- tion of assessable income as compared with the total assets employed in the production of the net revenue. lnc.Olne >f1ssessable under more than one se<'tion. (19.) Where, in the opinion of the Commissioner, it is difficult or impracticable to determine whether income is assessable under one section or subsection. or under another section or subsection of this Act; or where in the opinion of the Commissioner, the income is assessable under more than one section or subsection of this Act, he may at his option assess the income under the provisions of the section, sections or sub- sections, which is or are the most appropriate to the circumstances of the case. . De.te.rnlina- tion by C0l11n1is- Rioner. S. 41 C·wth. (20.) Where the net income cannot to the satis- faction of the Commissioner be ascertained under the preceding provisions of this Subdivision it shall be deemed to be such amount of the assessable income as the Commissioner determines. Apportion. (21.) Where in the year of income a taxpayer ment of loss. incurs a loss in a business or transaction of such a nature that had the business or transaction yielded a profit or net income the whole or part of that profit or

INCOME TAX. s. 29 (1)-(4). 15893 1936. Income Tax AsSeSSme11t Act. PART III.- LIABILITY TO, TAXATION. Divi.~ ion 2 - llet income would under this Subdivision have been Income. included in his assessable income, the whole or part of that loss shall to a corresponding extent be an allowable deduction. Division 3-Deductions. Division 3- Deductions. 29. (1.) In calculating the taxable income of a * l~ wa? le taxpayer, the total assessable income derived by him s~ l~ csons. during the year of income shall be taken as a basis, and s. 48 C'wth. from it there shall be deducted all allowable deductions. (2.) Where by this Act it is provided that any Succes~ ive C I eductI·On sha 11 be made succeSSI.ve I y f rom more than s d . ed 49 uc C tI ' o w n t s h . . one class of income, the deduction shall be set off against the income of the first of those classes, and if it exceeds the income of that class the excess shall be set off against the income of the second class. (3.) vVhere the assessable income is made up of Pne~ : s~ ~ f" income from personal exertion and of income from ~ omposite property, the following provisions shall apply to all S. c50C~ ~ th. allowable deductions except the statutory exemption:- (a) Where a deduction relates directly to income from property it shall be made from that income and any excess shall be deducted from the income from personal exertion; Cb) In other cases it shall be made from income from personal exertion and any excess shall be deducted from the income from property. . (4.) ( a) Al~ losses a:r;td ou~g? ings to the ex;tent to ~ : : ~ ina; s~ whIch they are mcurred m gammg or producmg the s. 51 C'wth. assessable income, or are necessarily incurred. in carry- ing on a business for the purpose of gaining or produc- ing such income, shall be allowable deductions except to the extent to which they are losses or outgoings of capital, or of a capital, private or domestic nature, or are incurred in relation to the gaining or production of exempt income. Cb) Expenditure incurred or deemed to have been incurred in the purchase of stock used by the tax- payer as trading stock shall be deemed not to be an outgoing of capital or of a capital nature.

15891 s.29 (5)-(8). INCOME 'rAX. PART III.- !.HBILITY TO TAXATIOX. Income Tax ~{ ssessrnent Act. 1 EDw. VIII. No. 32, Dit-i6ion 3- Deductions. (c) Any amount of interest paid to a non-resident (other than a bank) on which the tax payable under this Act has not been paid shall not be an allowable deduction. Head office €xpenses. S. 23 Q. (5.) Head office expenses of a company deriving income from sources in and out of the State shall not be an allowable deduction beyond an amount which bears the same proportion to the total head office expenses as the assessable income derived by the com- pany in the State bears to the total income of the company wherever derived, or beyond an amount to be ihed by the Commissioner. Los~ 011 property ,,(quire-d for profit· rnakin~ . S. 52 C'wth. (6.) Any loss incurred by the taxpayer in the year of income upon the sale of any property or from the carrying on or carrying out of any undertaking or scheme, the profit (if any) from which sale, under- taking or scheme would have been incJuded ill his assessable income other than as casual profits shall be an allowable deduction. Repairs. (7.) (a) Expenditure incurred by the tax.Rayer S.. 53 C'wth. in the year of income for repairs, not being expendi- ture of a capital nature, to any premises, or part of premises, plant, machinery, implements, utensils, roll- ing stock, or articles held, occupied or used by him for the purpose of producing assessable income, or in carrying on a business for that purpose, shall be an allowable deduction. (b) Expenditure incurred upon repairs to any premises or part of premises not so held, occupied or used shall not be an allowable deduction. Depreciation.. C 8.) C Cl) Depreciation during the vear of income K 54 C'wth. of any property, being buildings, pla J nt, or articles owned by a taxpayer and used by him during that year for the purpose of producing assessable income, and of any property being plant or articles owned by the taxpayer which has been installed ready for use· for that purpose and is during that year held in reserve by him shall, subject to this Act, be an allowable deduction. Cb) In this subsection "plant" includes- Ci.) Animals used as beasts of burden or work- ing beasts in a business other than a busi- ness of primary production, and machinery, implements, utensils, and rolling stock; and

INCOME rrAX. 8.29(8). '15895 income Tax Assessment Acl. PART III.- LIABILITY TO TAX ,,'rrox. C n ·· . ) F ences and bores, we11s, dams, or oth er D D i u t' lu i c s t i i o o n n ~ s ­ . improvements for the conservation of water. e c) In the first calculation of the depreciation to Basis 0.£ . be allowed in respect of any unit of property, an ~ ~ ~ ~ e~ ~ ~ ; ~~ . estimate shall be made by the Commissioner of the effective life of the unit assuming that it is maintained in reasonably good order and condition, and the annual depreciation per centum shall be fixed accordingly. (d) (i.) Subject to this subsection, the deprecia- · Calcul~ tiC! nof t I · On a11owable under thI' S Act' In respect 0 f any unl' t 0 f d S e . p 5 r 6 cCOI'awtltOh.n. property shall be- e a) the percentage fixed under the last preced- ing paragraph, or under any previous law of the State, of the depreciated value of that unit at the beginning of the year of 'income; or Cb) at the option of the taxpayer C to be exer- cised within the time, in the manner, and subject to the conditions prescribed) the percentage so fixed of the cost of that unit. e ii.) The deduction allowable in respect of any unit of property shaH not exceed the depreciated value of that unit. e iii.) 'Where any property has been bought by the taxpayer, no amount paid by him, which has been allowed or is allowable under this or any previous law of the State as a deduction to him from the assessable income of any year otherwise than on account of depre- ciation, shall be deemed to be part of the cost of the property. t axpa (e y ) er, WWhheerteeh Id' euprnedceirattihonI' S hoarsanbyeepnrevaIlOl.oUwSed1awto 0 af Acmaleltcethuraolatditoioonnfo. f the State, in respect of any year prior to the year of s. 57 O'wth. income, the method of calculating the depreciation to be allowed to him in respect of the year of income shall, . unless altered with the leave of the Commissioner, or in the exercise of the option referred to in the last preceding paragraph, be the same as that applied in the last preceding calculation. (f) (i.) Where the depreciated value under this Depreciation Act of any property at the beginning of the year of c~ : ! o~ ~ on_ jncome is higher than its depreciated value at that time s~:t~~~ ~ls~ nnder a Commonwealth Act relating to income tax, and s, 58C'wth.

15896 s.29 (8). INCOME TAX. --- ~-- --- --~ --- -- - -- - -- --- - PART IIl.- - ------------ --------- --------- LIABILITY 'CO Income Tax Assessment Act. 1 Eow. VIII. No. 32, TAXATION. ] ] ) ) e id du si c o t nion3s.- the Commissioner is satisfied that if those values were equal the corresponding values in each subsequent year would remain equal, the Commissioner may aHow, in lieu of the depreciation otherwise allowable, an amount of depreciation calculated as if the depreciated value at the beginning of the year of income under the Common- wealth Act had been substituted for the depreciated value at that time under this Act. (ii.) Where the last preceding subparagraph is applied in any assessment, a further amount of depre- ciation shall also be an allowable deduction in that assessment, being an amount determined by the Com- missioner, which shall not be less than one-tenth part of the difference between those depreciated values at the beginning of the year to the assessment of the income of which this paragraph is first applied, provided that the further amount shall not in any case exceed the amount required to make the depreciated values of the property under this and the Commonwealth Act equal. (iii.) Where depreciation has been allowed under this paragraph in respect of any property in any assess- ment of a taxpayer, depreciation shall be allowed under this paragraph in all future assessments of that tax- payer in which depreciation in respect of that property is allowable, until the depreciated values under this Act and the Commonwealth Act are equal. Disposal,l?ss, (g) Ci.) Where any property of a taxpayer, ill o o r d f est . ructIOn respec t 0 f wh l ' C h depreC. la t I ' On 1las been a11owed or I . S ~ ~ g~ : t~ ~ ed allowable under this or any previous law of the State, s. 59 C' ~ h. is disposed of, lost or destroyed at any time in the year of income, the depreciated value of the property at that time, less the amount of any consideration receivable in respect of the disposal, loss or destruction, shall be an allowable deduction. The provisions of this subparagraph shall not apply where a deduction is allowable under the provisions of subsection twelve of section thirty-one in respect of any loss incurred on the sale or disposal otherwise of the property. (ii.) If that consideration exceeds that depre- ciated value, the excess, to the extent of the sum of the amounts allowed and allowable in assessments for income tax under this Act and any previous law of the State in respect of depreciation, shall be included in his assessable income of that year.

]936. INCOME TAX. .s.29 (8). 15897 III.- PART ~ ~ ~ , - ~ ~ ~ - , ~ ~ ~ ~ ~ ~ ~ - ~ - Income Tax Assessment Act. .LIABILITY TO TAXATION. . . . Divi8ion 3- The prOVISIOns of thIS subparagraph shall not Deductions. apply in any case in which the taxpayer is assessed 011 the same transaction under the provisions of section thirty-one. (iii.) rr~ he consideration receivable in respect of the disposal, loss or destruction means- ( a) in the case of a sale of the property-the sale price less the expenses of the sale of the property; (b) in the case of loss or destruction of the pro- perty-the amount received or receivable under a policy of insurance or otherwise in respect of the loss or destruction; ( c) in the case where the property is sold with other assets and no separate value is allo- cated to the property-the amount deter- mined by the Commissioner; (d) In the case where property is disposed of otherwise than by sale-the value, if any, of the property at the date of disposal. nlenc ( e h m ) en C t L 0 ) f WthhI· SerAe'ct, eiathpeerrsboenfohraes oarcqaufI.treerd tahney cpormo-- d Ap e rc p oq r p e ue c ir u st ~ iyt t . i e o d nal perty in respect of which depreciation has been allowed s. 60 C'wth. or is allowable under this or any previous law of the State, he shall not be entitled to any greater deduction for depreciation than that which would have been allowed to the person from whom the property was acquired if that person had retained it: Provided that, where under the last preceding paragraph an amount is included in the assessable income of the person selling the property, the person acquiring the property shall be allowed depreciation calculated on the sum of that amount and the depre- ciated value of the property under this Act at the time of the sale. (ii.) This paragraph shall not apply where the Commissioner is of the opinion that the circumstances are such that depreciation based on the actual considera- tion given should be allowed. (i) Where the use of any property by the tax- l'r3 erty payer has been only partly for the purpose of ~~ ~ rtly ~ or producing assessable income, only such part of the ~ ~ ~ e~ ~ ~ bl: deduction-otherwise allowable under paragraphs (a) or ~ c6fc;wth.

s. 29 (9), (10). INCOl\LE TAX. PART III.- LI.IB[LTTY TO TAXATION. Income Tax Assessment Act. 1 EDW. VIII. No. 3:!, Diri"io1/. 3- Deductiolls. (g) of this subsection in respect of that property as in the opinion of the Commissioner is proper shall be an allowable deduction. Definition of depreciated (j) In this Act "depreciated value" of any unit value. of property at any time means- S.62C'wth. (i.) where depreciation has been allowed 0)' is allowable, under this Act or any previous. law of the State, in respect of that unit in assessments for any periods prior to that time-the cost of the property less the amount of all depreciation so allowed or allowable; and (ii.) where deprc,;ciation has not been allowed or is not so allowable-the cost of the property. Ba.d debts. S.63C'wth. (9.) (a) Debts which are bad debts and are written off as such during the ~' ear of income, and- (i.) have been brought to account by the tax- payer as assessable income of any year; 01' (ii.) are in respect of money lent in the ordina r.y course of the business of the lending of money by a taxpayer who carries on that business, :tlld no other bad debts, shall be allowable deductions. (b) If a debtor, after incurring a debt so brought to account, or in respect of money so lent, is adjudicated bankrupt, or executes a 'deed of assignment or arrange- ment for the benefit of his creditors, the debt (where, in the opinion of the Commissioner, no amount will be paid on account of the debt) or the amount by which, in his opinion, the amount which will be received on account of the debt will be less than the debt, shall be deemed to be a bad debt. (c) Where in the year of income a taxpayer receives an amount in respect of a debt for which a deduction has been allowed to him under this or allV previous law of the State, his assessable income shall include that amount. C s. om64mCis' wsitohn. . (10.) Expenditure incurred b J v the taxpayer in the yea,r of income by way of commission for collecting his assessable income shan be an allowable deduction.

INCO:\IE TAX. s. 29 (11)-(14). 15899 Income Ta:!; Llssessment Act. PART III.- LIABILITY TO TAXATION. (11.) (a) Subject to this subsection, payments Z: · : } ~ ~ ~ : ~ ~ - ; becoming due in the year of income by a taxpayer to et Paymelit, to, relati~ -e sl~ all be all?wable deductions only to the extent se~ ~t8·'~ ~th. to whIch, m the opmion of the Commissioner, they arc reasonable in amount and bonct fide made in the production of assessable income. Cb) Expenditure intuITed, and payments betom- ing due, by the taxpayer in the year of income in or fot' the maintenance of his wife or of any member of his family under the age of sixteen years, shall not~ whether or not the expenditure was incurred in tbe production of assessable income, be an allowable deduction. ' taxpa( 1y2e. r) m . So tm 1 1eucyheoafr aonf . y I . snucmomseet aaspaorrt otor paaifdnbn ' y d thtoe t C fo o u n np t de r • n i . ~ s u io ti n olls provide individual personal benefits~ pensions or ret.ir- s. 66 C'wilh. ing allowances for his employees, as is proportiona~ e to the extent to which those employees are engaged m producing assessable income of the taxpayer, shall he. an allowable deduction where- (Cl) the taxpayer is under a legal obligation to set apart or pay that sum; and (b) the rights of the employees to receive the benefits, pensions or retiring allowances aTC fully secured. (13.) So much of the expenditure incurred by the Expens~ s of t . axpayer I . n b OlTo ' wlng money use d b y h I ' m f or tlle bSo. r6r7owC'mwgth. . purpose of producing assessable income as bears, to the whole of that expenditure, the same propOI'tion as that part of the period fOI' which the money was bor- rowed which is in the year of income bears to the whole of that period shall be an allowable deduction: Provided that, if the ppriod for whi(~h the money was borrowed is not fixed, or exceeds five years, the period of five years from the date on which the money was borrowed shall be deemed to be the period for which the money was borrowed. (14.) Expenditure incurred by the taxpayer in Expenses.of t he year 0 f I.ncome f or the preparatI' on, regI.St'rat'IOn lperaespea." nng and stamping of a lease of property to be held by s. 68 ( wth him for the purpose of producing assessable income shall be an allowable deduction.

15978 s.50 (10)-(12). IN"CO}IE TAX. PART VII.- PENAL }'ROVISIONS Income Tax Assessment Act. 1 EDW. VIII. No. 32, AND PROSECU- TlONS. may order the person or company to pay to the Commis- sioner a sum not exceeding double the amount of tax that would have been avoided if the statement in the return had been accepted as correct. (b) A prosecution for an offence against this sub- section may be commenced at any time 'within six years after the commission of the offence. Fraudulent avoidance (10.) (a) Any person who, or any company on of tax. whose behalf the public officer, or a director, servant .8. 231 C'wth. or agent of the company, by any wilful act, default or neglect, or by any fraud, art or contrivance whatever, avoids or attempts to avoid assessment or taxation shall be guilty of an offence. Penalty: Not less than twenty-fiye pounds or 1110re than five hundred pounds and, in addition, the Court may order the person or company to pay to the Com- missioner a sum not exceeding double the amount of tax that has been avoided or attempted to be avoided. (b) A prosecution for an offence against this sub- section may be commenced at any time within six years after the commission of the offence. oObstrfuctfing i c e (1 r 1.) s A . n . y t l)erson who obstructs or hinders any ~ S.67 Q. officer acting in the discharge of his duty under this s. 232 C'wth. A c t or tl le regu l ah ' ons s h all be gm . lty 0 f an 0ffence. Penalty: Not less than one pound or more than fifty pounds. Place where offence committed. S. 71 Q. ;S. 241 C'wth. (12.) .l"\ny of the following offences, namely:- (a) :Pailul'e to duly fm'nish any return or information; (b) .Making or delivering a return which is false in any particular, or making a false answer; or (c) Failure to comply with any requirement, shall be deemed to have been committed either- (i.) At the place where the return or informa· tion was furnished or should, in accord- ance with this Act, the regulations or a requirement of the Commissioner, have

1936. INCOME TAX. s. 50 (13, (14) 15979 - - ---------- - - - - - PART VII.- Income Tax Assessment Act. PENAL PROVISIO:-iS AND PROSECU- been furnished, or where the answer was TIONS. made, or where the requirement should have been complied with; or (ii.) At the usual or last known place of busi- ness or abode of the defendant, and may be charged as having been committed at either of those places. (13.) A witness on behalf of the Oommissioner Protection in any taxation prosecution shall not be compelled to ts. 7~ tQ~ sse •. disclose the fact that he received any information 01' S 242 C'wth. the nature thereof or the name of the person who gave such information, and an officer appearing as a witness shall not be compelled to produce any reports made or received by him confidentially in his official capacity or containing confidential information. (14.) (a) In any taxation prosecution every aver- Averment of ,ment 0 f t . he prosecutor 01' p 1 aI . nt' 1 ff conta'Ined·In the spurfofsiceiceuntto. r information, complaint, declaration or claim shall be~ . JJ3%'wth. prima facie evidence of the matter averred. (b) This subsection shall apply to any matter so averred although- (i.) Evidence in support or rebuttal of the n~atter averred or of any other matter is gIven; or (ii.) The matter averred is a, mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only. (c) ~ t\ . ny evidence given in support 01' rebuttal of a matter so averred shall be considered on its merits, and the credibility and probative value of such evidence shall be neither increased nor diminished by reason of this subsection. (d) This subsection shall not apply to- (i.) An averment of the intent of the defendant; 01' (ii.) Proceedings fOl an indictable offence or an offence directly punishable by imprison- ment.

15D80 s. 50 (15)-(20). J.\'CO:JIE TAX. 1'.\HT VII.- PE~ .' L l'ROVISJOKS IllcOIne Tax Assessment Act. 1 EDW. VIII. No. 32, A~ D PROSEC[;- TIO~S. (e) This subsection shall not lessen or affect any onus of proof otherwise falling on the defendant. (15.) Save as by this Act is othenvise proyided, all penalties imposed under this Act shall be recoyerable in a summary way under *" The .lustites Acts, 1886 to 1932," upon the complaint of any person authorised by the Commissioner either generally or for the purpose of any particular case, and vvhen recovered shall be paid into the Consolidated Revenue. Evidence 01 authority to (16.) (a) "Vhere any taxation prosecution has ipnrsotcietuetdeing• . been instituted by an officer in the name of the Com- S S . . 2 7 4 7 4 Q C . 'wth. missioner the prosecution shall, unless the contrary is proved, be deemed to have been instituted by the authority of the Commissioner. (b) The production of a telegram purporting to have been sent by the Commissioner and purporting to authorize an officer to institute any taxation prose- cution shall be sufficient evidence of the authority or the officer to institute the prosecution in the nam'e of the Commissioner. Appearant.:E' by Com- (17.) C Cl) In any action, prosecution or other pro- m S IS 7 S 8 Io Q n . er. ceeding in any Court by the Commissioner, he may S. 245 C'wth. appear either personally or by a barrister or solicitor, or by some officer in the public service of the State. Cb) The appearance of any such officer, and his statement that he appears by authority of the Commis- sioner shall be sufficient evidence of such authorit. v~ . Minimum penalties. (18.) No minimum penalty imposed by this Act S S . . 2 6 4 9 6 Q C . 'wth. shall be liable to reduction under any power of miti- gation which would but for this subsection be possessed by the Court. . Penalties not to relieve (19.) The adjudgment or payment of a penalty fSr.om66 t Q a . x. under this Act shall not relieve any person from lia- S. 251 C'wth. bility to assessment and payment of any tax for which he would otherwise be liable. General penalty. (20.) Any person who in any manner whatsoever fails to comply with an." of the pl'Oyisions of this Ad for which no penalty is expressly provided shall be liable to a penalty of not less than one pound or more than fifty pounds. * 50 Vie. No. 17 and amending Acts. supra, pages 1132 et seq.

INCOME 'l'AX. ss. 50 (21) ; 51 (1). 15981 1!J36. ~ - - - -. T/learnc Tax .tssessmcnt Act. --- -------------- - - - - - - - - - - - ~ - - - - - - - - - -- ~ -- - -- - -~ - - - -- . -- - -- - -- - -- - -- - -- - - PART VII.- PEKAL PROnSJQXS A~ { D (21.) Except where otherwise expressly provided P: T~~ ~ .C­ in this Act proceedings for offences against this Act Time for may notwithstanding anything to the contrary con- prosecutions. taii1~ d in any other Act or h,v, be instituted at any time ::1.68 Q. within one year next after the date when the commis- sion of the offence came to the knowledge of the -complainant. PART VIII.-MrsoELLANEOUS. P.'RI VIII.- MrSCEL- LA)ircOCS. 51. (1.)' Ever J v comIJan , y , ear " rvinO b ' on business in oPfufibcleircof the State, or deriving in the State income from pro- company. perty, shall at all times, unless exempted by the~: ~ ~ 2% ' wth. Commissioner, he represented for the purposes of this Ad by a public officer being a person residing in the State and duly appointed by the company or by its duly authorised agent or attorney. With respect to €very such company and public officer the following provisions shall apply:-- (a) The company, if it has not appointed a public officer before the commencement of this Act, shall appoint a public officer within three months after the commencement of this Act or after the company commences to carry on business or derive income in the State; " (b) The company shall keep the office of the public officer constantly filled; Cc) No appointment of a public officer shall be deemed to be duly made until after notice thereof in writing specifying the name of the officer and an address for service upon him has been given to the Commissioner; Cd) If the company fails to appoint a publir; officer when and as often as such appoint- ment becomes necessary, it shall be guilty of an offence. Penalty: Two pounds for every day during which the failure continues; (e) Service of any document at the address for service, or on the public officer of the com- pany, shaH be sufficient service upon the company fOT all the purposes of this Act

15982 s.51 (1). INCO}IE TAS:. VIII.- PART . . . , . , - - ~ - - - - , - - - - - - o- - -- - -- - -- -- LMAINSECOETLJS. Income Tax Assessment Act. 1 EDW. VIII. No. 32, 01' the regulations, and if at any time there is no public officer then service upon any person acting 01' appearing to act in the business of the company shall be sufficient; (f) The public officer spall be answerable for the doing of all such things as are required to be done by the company under this Act 01' the regulations, and in ease of default shall ~ e liable to the same penalties; (g) Everything done by the public officer which he is required to do in his representative capacity shall be deemed to have been done by the company. The absence or non- appointment of a public officer shall not excuse the company from the necessity of complying with any of the provisions of this Act, or from an~ v penalt~ ' for failure to comply therEwith, but the eompan~ ' shall be liable to the provisions of this Act as if there were no requirement to appoint a public officer; (h) Any notice giycn to 01' requisition made upon the public officer shall be deemed to be given to or made upon the company; (i) Any. proceedings under this Act taken against the public officer shan be deemed to have been taken against the company, and the company shall be liable joiritly with the public officer for any penalty imposed upon him; (j) Notwithstanding anything contained in this subsection, and without in any way limiting, altering or transferring the liability of the public officer of a company, eyery notice, processor proceeding which under this Act or the regUlations thereunder may be given to, served upon· or taken against the com- pany or its public officer ma~ r, if the Com- missioner thinks fit, be given to, served upon or taken against any director, secre- tary or other officer of the company or any attorney or agent of the compan:'7 and that

19:36. INC01IE TAX. Income Ta.I; A~ ssessment Act. ss. 51 (2); 52. 15983 PARTVIII.- MISOEL· LANEOUS. director, secretary, officer, attorney or agent shall have the same liability in respect of that notice, process or proceeding as the company or public officer would have had if it had been given to, served upon or taken against the company or public officer. (2.) A public officer of a company duly appointed under the previous Act, and holding that office at the COlmnencement of this Act, shall be deemed to be the public officer of the company duly appointed under this Act. a 1 so 5t2 0 . evvVeirtyh rte T s U p S et ecet, totl1eevefr 0 y 11 oawge ' mngt apnrodvwIS . iI . tOhnrsesspheac 11 ts Atrug 8 se 1 tnet Q ess . a. nd apply:- s 254 C'wth. (a) He shall be answerable as taxpayer for the doing of all such things as are required to be done by virtue of this Act in respect of the income derived by him in his representa- tive capacity, or derived by the principal by virtue of his agency, and for the pay- ment of tax thereon; (b) He shall in respect of that income make the returns and be assessed thereon, but in his representative capacity only, and each return and assessment ~ shall, except as otherwise provided by this Act, be separate and distind from any other; (c) If he is a trustee of the estate of a deceased person, the returns shall be the same as far as practicable as the deceased person, if living, ,,,ouId have been liable to make; (cl) He is hereby authorized and required to retain from time to time out of any money which comes to him in his representative capacity so much as is sufficient to pay the tax which is or will become due in respect of the income; (c) Hc is hereby made personally liable for the tax payable in respect of the income to the extent of any amount that he has retained, or should have retained, under the last pre- ceding paragraph; but he shall not be otherwise personally liable for the tax;

15984 s.53 (1). P.lRT VIII.- - MI8CEL- L.INEOl:S. L'"CO}LE TAX. J IICOIHC Ta.!; Assessment Act. 1 ED\V. YIII. No. :32,. (t) He is hereby indemnified for all payments which he makes in pursuance of this Act or of any requirement of the COllll1issioner; (g) Where as one of two or more joint agents or trustees he pays any amount for which they are jointly liable, the other or others shall be liable to pay him each his equal share of the amount so paid; (h) For the purpose of insuring the payment of tax the COlllmissioner shall han' the sallle remedies against attachable property of any kind vested in or under the control or man- agement or in the possession of any agent or trustee, as he would have against the pro- perty of any other taxpayer in respect of tax. Person in receipt or 53. (1.) vVith respect to eyery person having the control of receipt control 01' disposal of money belonging to a mnoonn-ereysfiodrent. non-resident, v.-ho deriyes income from a source in the S S . . 2 8 5 2 5QC. 'wth. State or who is a shareholder, debenture-holder or depositor in a company deriving income from a source in the State, the follO\ving proyisions shall, subject to this Act, apply:- (a) He shall when required by the Commis- sioner pay the tax due and payable by the non-resident; (b) He is hereby authorized and required to retain from time to time out of anv money which comes to him on behalf of the non- resident so much as is sufficient to pay the tax which is or will become due 1)'\' the , non-resident; . (c) He is hereby made personally liable for the tax payable by him on behalf of the non- resident to the extent of any amount that he has retained, or should 'hayc retained. under the last preceding paragraph; but he shall not be otherwise personally liable for the tax; (d) He is hereby indenlnified for all payments which he makes in pursuance of this Act or of any requirement of the Commissioner.

1936. IXCO::\IE TAX. ss. 53 (2); 54-57. 15985 Income Tax Assessment Act. PART VIII.- MrSCEL- LAKEOcS. (2.) Every person who is liable under any con- tract to pay money to a non-resident shall be deemed to be a person having the control of money belonging to the non-resident, and all money due by him under the contract shall be deemed to be money which comes to him on behalf of the non-resident. 54. (1.) Ever J v person \v ho is liable under any p Pe a r y ~ m on g contract to pay money as or by wav of royalty to a royalty to taxpayer who is not resident in Aust~' alia shall, before ~o\ ~xpay. cr making any payment to or on behalf of that taxpayer, r;~~ ~:~ l~~ ~ .furnish to the Commissioner a statement of the amount s. 256 C'wth. of royalty due to the taxpayer, whether such royalty became due either before or after the passing of this Act, and ascertain from the Commissioner the amount (if any) to be retained in respect of tax due, or which may become due, by the taxpayer. (2.) The provisions of section fifty-three shall apply in respect of payments of royalty referred to in this section. 55. V\There any income of any person out of the Payment State is paid into·the account of that person with a bl~k~ r~y banker, the Commissioner may, by notice in writing~ : ~ N8' wth. to the banker, appoint him to be the person's agent in respect of the money so paid, so long as the banker is indebted in respect thereof, and thereupon the banker shall, accordingly be that person's agent. 56. Every person who, in pursuance of this Act, Recovi!ry of pays any tax for or on behalf of any other person may baeh~ lil~ r recover the same from that other person as a debt , apnerostohne.r together with the costs of recovery, in any Court of S 258 C'wth. competent jurisdiction, or may retain or deduct the same out of any money in his hands belonging or payable to that other person. 57. Where two or more persons are jointly liable Contr!o)ltion to pay tax they shall each be liable for the whole tax, !~ ~r; a~~ l:: '~ but any of them who has paid the tax in respect of any S. 259 O'wth. of the taxable income- (a) Shall be entitled to receive by way of con- tribution from any other of such persons a sum bearing the same proportion to the tax as that other person's share of the taxabl€ income bears to the whole taxable income; and

15D8G ss. 58,59 (1), (2). IXCOjIE TAX. F.'RT YlII.- MISOEL- L.GEOT~ S. Income Ta.c Assessment Act. 1 EDW. VIII. No. ; ~ 2, (b) :May l'ecover that sum from that other person in any Court of competent jurisdic- tion; or may retain or deduct that sum out of any money in his hands belonging or payable to that other person. Records of taxpayer carrying on a business. S. 87 Q. SS. (1.) Every taxpayer carrying on a business shall keep sufficient records in the English language of his income and expenditure to enable his assessable income and allowable deductions to be readily ascertained. . (2.) Any taxpayer who fails to keep the records required by this section shall be guilty of an offence. Penalty: Not less than one pound or more than fifty pounds. Contracts to evade 59. (1). Every contract, agreement or arrange- tax void. ment made or entered into, orally or in writing, S S . . 2 8 6 4 0 Q C . ' wth. whether before 01' after the commencement of this Act, shall so far as it has or purports to have the purpose or effect of in any way, directly or indirectly- (a) Altering the incidence of any income tax; (b) Relieving any person from liability to pay any income tax or make any return; (c) Defeating, evading or avoiding any duty or liability imposed on allY person by this Act; or (d) Preventing the operation of this Act in any respect, be absolutely void, as against the Commissioner. or in regard to any proceeding under this Act, but with- out prejudice to such validity as it may have in any other respect or for any other purpose. Covenant by (2.) (et) A covenant or stipulation in a mortgage, tmoopratgyatgaoxr. which has or purports to have the purpose or effect of S S . 2 8 6 4 1 Q C . 'wth. imposing on the mortgagor the obligation of paying income tax on the interest to be paid under the mortgage- (i.) If the mortgage was entered into on or before the thirteenth day of September, one thousand nine hundred and fifteen-shall not be valid to impose on the mortgagor the obligation of paying income tax to any greater amount than the amount (if any)

1936. INCOllIE 'I'AX. Income Tax Assessment Act. s. 59 (2'). 15987 PAIU VIIL--" IV!ISCEL~ LANEOLTS. which would have been payable by the mortgagor if his taxable income consisted solely of a sum equivalent to the amount of interest to be paid under the mortgage without taking into account any income tax payable on that interest; and (ii.) If the mortgage was entered into after that date-shall be absolutelv yoid. " (b) A covenant or stipulation in a mortgage, whdhcr entered into be101'e or after the COlIDnence- ment of this subsection, which has or purpOTts to have the purpose or effect of including in or adding to the interest payable, in any specified circumstances, by the mortgagor, any amount in respect of income tax pay- able by the mortgagee upon the interest to be paid under the mortgage, shall be yoid to the extent only to which it has or purports to haye that purpose or effect. (c) "Vhere, in any mortgage, provision is made for the reduction of the rate or amount of interest in the event of prompt pay:ment of the interest or in any other circumstances, and for the rate or amount of such reduction to be diminished by or in proportion to any amount of income tax payable by the mmtgagee the portion of the prudsion which provides for that diminution shall be void, and the reduction of the rate or amount of interest shall take effect as if the portion of the provision which provides for that diminutinn had not been inserted. (cl) Any provision in a mortgage by or under which it is provided that any income tax payable by the mortgagee, or any portion thercot shall or may be taken into account for the purpose of fixing, measur- ing or calculating the rate of interest payable under the mortgage or any reduction or alteration of that rate shall, to the extent to which it provides for income tax to be so taken into account (but not otherwise), be void, whether the provision be in the form of a covenant or agreement to pay interest, or a proviso or a stipulation for an alternative, substituted or reduced rate of interest in lieu of a higher rate payable by the mortgagor pursuant to any such covenant or agreement. or ·otherwise.

IG:J88 ss. 60, 61. l'''F.'r VIII.- - - - - :\jlSCl:L- L_\NE01'S. lXCO::\IE TAX. Income TaJ; Asselisnu:Ht Act. 1 Emv. VIII. No. 32, (e) ]101' the purposes of this subsection, "mort- gage" includes any charge, lien or encumbrance to seCUl'e the repayment of money, and an~ ' collateral or supplementary agreement, whether in writing or other- wise, and whether or not it be one whereby the terms of any mortgage are varied or supplemented, or the due date for the payment of money secnred by mortgage is altered, or an extension of time for payment is granted. Periodical 60. \Yhere under any contrad, agreement or t p h a e ym na e t n u t r s e in arrangement made or entered into orally or in writing, oSf. 1in3cQom. e. either before or after the commencement of this Act, S. 262 C'wth. a person assigns, conveys, transfers or disposes of any property on terms and conditions which include the payment for the assignment, conyeyance, transfer or disposal of the property b.y periodical pa~ ~ nents which, in the opinion of the Commissioner, are either wholly or in part really in the nature of income of that person such of those payments as are derived in the year of income shall, to the extent to which they are in that opinion -in the nature of income, be included in his assessable income. Rcgistmtion 61. Notwithstanding an~ - thing hereinbefore con- of tax agents. tained in this Act, no person shall prepare, make, or S. 90 Q. sign any return or objection, or (unless being a barrister or solicitor engaged in litigation or in an advisory capacity) conduct any business relating to any return or objection or income tax matter, except- (a) The person liable to make the return or the person in relation to whose income or tax the objection is made or the business is conducted; ( b) A registered tax agent or the holder of a certificate of exemption under section sixty-fiye; Ol' (c) Any person approved by the Oommissioner and authorised by the person liable to make the return, or by the taxpayer to prepare, make, or sign the return or objection, or conduct such business: Provided always that the approval of the Com- missioner may, at his sole discretion, be withheld or withdrawn.

1936. INCOME TAX. Income Ta,x :-1ssessment Act. ss. 62-65 (1). 15989 PAR'r VII 1.- MrSCEL- LANF.Oi:JS. perso 6 n 2 , . n( 1o. t ) b Ael . rneggisatnerec - md tpa 1 xoyaegeenotrshaallrengoI . ts t aellroew d a t nayx r p F e r u O r r V t e ~ I g S ~ i I s r O t n e s red agent- tax agent. (a) To prepare on his behalf, either directly or indirectly, any return; or (b) To conduct on his behalf, either directly or indirectly, any business relating to any return or objection or income tax matter. (2.) Any registered tax agent who contravenes any provision of this section shall be guilty of an offence. Penalty : Not less than two pounds 01' more than fifty pounds, 63. Any person who, directly or indirectly- ~ : :; ~ i~ ns ( a) Describes himself as or represents himself traexreaggiesntet. red to be a tax agent; or (b) Advertises in any manner whatsoever that income tax returns will be prepared by hin} or that any other matter in connection with this Act will be attended to by him, shall, unless such a person is a registered tax agent, or the holder of a certificate of exemption under'sectiol1 sixty-five, be guilty of an offence. Penalty: Not less than two pounds or more than fifty pounds. 64. If through the neglect of a registered tax Nell'loot of agent a penaIty or an add. 1 'tI' Ona 1 t ax I'Shc argeda"gmnst rtaexgIasgteernetd. a taxpayer the registered tax agent shall be liable to pay that penalty or additional tax and the amount thereof may be recovered by the taxpayer from him by process of law, but this provision shall not be construed so as to relieve the taxpayer from liability for such penalty or, additional tax. 65. (1.) Only such persons as satisfv a Board con- Bo~ rd ff.r sisting of the Auditor-General, the Under Secretary ~ f~ ~ S! Z: g~ ~ ~ , to the Treasury, and a public accountant appointed by ~ ~ · 90Q. the Governor in Council (hereinafter in this section referred to as "the Board"), as to their qualifications and fitness so to act shall be registered by the Board as tax agents. The. Board is hereby authorised and required to deal with all applications for registra- tion.

15990 s. 65 (2)-(6). PART VIIl.-- ~ - -- ..--- 2\l!rscEL- LANE01]S. I~ CO: : \ IE TAX. Incolne Tax Assessment Act. 1 EDW. VIII. No. ;32, (2.) The Commissioner may in his discretion exempt any person from registration as a tax agent upon being satisfied that the estimated income of such person to be deriyed as a tax agent will not exceed the snm of ten ponnds per annum, and may grant to such person a certificate of exemption in that behalf which shall haye a currency of one year but may be renewed annually; but this exemption shall not be granted to an applicant with respect to any place or district in which there is a registered tax agent within reasonable access of taxpayers: Proyided always that the Commissioner may at his sole discretion refuse to grant exemption and may withdraw or cancel at any time any certificate of exemption which he has granted under the provisions of this subsection. (3.) "There a partnership applies to be registered as a tax agent, the Board may register the partnership if the Board is satisfied that one partner is qualified and fit to act as a tax agent. On any registered tax agent entering into partnership with another person, or on any change taking place in the constitution of a partnership which is registered as a tax agent, the regis- tration of the tax agent or pal'tnership shall lapse. (4.) 'Yhere a company applies tu be registered as a tax agent, the Board may registel' the company if the Board is satisfied that a person appointed by the com- pany and who is in the exelusiye employment of such (:ompany is qualified and fit to act as a tax agent. Should such person cease to be employed by the C0111- pany the registration of such company shall lapse. (5.) A registered tax agent shall pay to the Commissioner an annual fee of two pounds two shillings if carrying on business within the petty sessions district of Brisbane, or one pound one shilling if carrying on business elsewhere within the State. (6.) The Board may cancel or refuse to renew the registration of a tax agent upon it being proved to the satisfaction of the Board that such tax agent or his representative. or if such tax agent is a partnership, any member of the partnership, has prepared a return which is false in any material particular, or has neglected to comply with any of the requirements of the Act or of the Commissioner as and when required

INCO::\fE TAX. ss. 65 (7)-(9); 66, 67. 15991 - ~ ~ - - ~ ~ - - - - - - - - -- - "- - .' - --- --- --- --- ~~ ~ ~ ~ - , - - ~ ~ . ~ ~ - - . - 1936. Income Tax Assessment Act, 1'.ur[ VIII.-- . :\l!SCEL- LANEor;s by or under this Act or by the Commissioner, or who, in the opinion of the Board, is not a fit and proper person to be so registered. In this subsection, the word "return" includes a tax agent's own return and the personal return of any member of a partnership which is registered as a tax agent. (7,) For the conduct of the business of the Board- (a) Any two members shall form a quorum; (b) At a meeting of the Board the decision of the majority shall pTevail; (c) The chairman of the Board shall have a deliberative, but not a casting, vote. (8,) No action 01' suit shall be brought or main- tained against any person who is or has been a member of a Board for any nonfeasance or misfeasance in connection with his 'duties. (9,) For the purposes of this section the Board may by notice in writing require any person- (a) To furnish it with such information as it may require; and Cb) To attend and give e,-idence hefore it and produce all books, documents and other IJapers whatsoever in his custody or under his control relating to any matter before it. Ffhe Board. may require the information or evidence to be given on oath and either orally or in writing, and for that purpose the secretary of the Board may administer an oath. For the purposes of this subsection the Board shaH be deemed to he a commission under and for the pur- poses of of" The Official 1n.qnirie8 Bvidence Acts, 1910 fo 1929." 66. The Commissioner shall during the month Publication o f S ept ' ember ' In eac 1 1 year publI'S 1 1 I ' n t'lle G aze tt e a toafxn., aamgeenstso.f list of the full names and addresses of all tax agents s. \i0 17) Q, Tegistered as on the first day of July then last past. 67. The Commissioner, or anv officer authorized Access to by him in that behalf, shall at all times have full and toop~ sQ~ c, f ree access t ' o 1 a 1 b Ul 'IdI' ngs, pIaces, b 00 k s, cl ocumen t s S ' 263C'wth . * 1 Geo. V. N0. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474,

15992 ss. 68, 69. PART VIII.- MJSmCL- UN£OCS. ]XCOME TAX. Income l'a:r Assessment Act. 1 EDW. VIII. No. 32, and other papers for any of the purposes of this Act, and for that purpose may make extracts from or copies of any such books, documents or papers. Depn rtrnollt to obtain 68. (1.) The Commissioner llla.'- by notice in a in n f d C'l"mation writing require any person, whether a taxpayer or not, evid("·ncc. including any officer employed in or in connection with S S . . 2 S < 9 i~ QC. ' wth. any department of a Government or by any public authority- (a) To furnish him with such information as he may require; and (b) To attend and give evidence before him or before anv officer authorized bv him in that behalf co~ cerning his or any other person '8 income or assessment, and may require him to produce all books, documents and other papers whatever in his custody or under his control relating thereto. (2.) The Oommissioner may require the informa- tion or evidence to be given on oath and either verball? or in writing, and for that purpose he or the officer so authorized by him may administer an oath. , (3.) The regulations may prescribe scales of expenses to be allowed to persons required under this section to attend. Release of 69. In anv case where it is sllCrwn to the satisfac- i ta n x c p a a s y es er o s f tion of the Ooimnissioner that-- hardship. S.S6Q. ((() A taxpayer has suffered such loss 01' is in S. 265 C'\Vth. such circumstances; 01' (b) Owing to the death of a person who if he had lived would have been liahle to pay tax the dependants of that person are in such circ mnstances, that the exaction of the full amount of tax would entail serious hardships, the Oommissioner may release the taxpayer or the truster of the estate of the deceased person (as the case may be), wholly or in part from his liability, and the Oommissioner nIa" make such entries and alterations in the assessment as are necessary for that purpose.

1!)8G. INCOjIE 'rAX. Income Tax Assessment Act. ss. 70-72, Sch. I. PART VIIl. - :\!lSCEL' L;:\ EOl;~. 70. In eyer " v v .' eal' the Commissioner shall furnish Arenpnourtalto a report to Parliament upon the operations of this Act. Parliameht. S. 92 Q. S. 14 O'wth. 71. The Governor in Council may make regula- Regulations. tions, not inconsistent with this Act, 'prescribing all ~: ~ ~ 6QC' wth. matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act, and for prescribing penalties not less than one pound or more than twenty pounds for any breach of the regulations. 72. This Act shall be read and construed so as not Construction to exceed the legislative power of the State, to the of Act. €xtent that where any enactment thereof would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enact- ment to the extent to which it is not in excess of that power. SCHEDULES. SCHEDULE 1. THE PREVIOUS ACT. *" The Income TaJ; Act O'f 1924" tU The Income Ta:r; Re{l1l7ations Ratification Act of 1925" , t"The lnr·ome '[(Lt Am.clldment Act of 1926" §" The Income Ta.r Acts Amendment Act of 1928 " II"The Inconu! Ta.t Acts Amendment Act of ]929" ~Wart n. of "The Finance Act of ]9:30" **" The Income Ta.r Acts Amendment Act of 1930" . FIRs'r SCHEDrLE" [8. ! (1)] 15 Geo. V. No. 34 16 Geo. V. No. 15 17 Geo. V. No. 32 19 Geo. V. No. 17 20 Geo. V. No. '18 21 Geo. V. No. 19 21 Geo. V. No. 40 tt"The Income TC1:D Acts Amendment Act of 1931" 22 Geo. V. No. 25 * Supra, page 10945. t Supra, page 11295. :j: Supra, page 11590. § Supra, page 12178. 11 S!lpra, page 12481. ~ Supra, page 13178. ** Supra, page 12934. tt Supra, page 13770.

15994 Sch.lI. IXCO)IE TAX. FIRST SCHEDULE. Income Tax Assessment Act. 1 ED'''. VIII. No. 32, 1936. *" The Incmne Tax Acts Amendment Act of 1932" 23 Gm. V. No. 29 tPart IT. of "1'7le I1lcume T(I{c Act and Land Tax Acts Amendment Act of 1933" 24 Geo. V. No. 25 SECOKD SCHEDULE. [So 2 (2)] SCHEDULE II. THE REPKI.LED ACTS. "The Income Tax Act of 1902" "The Income Tax Act Amendment Act of 1902~ ' "The Income Tax Act Amendment Act of 1904" "The Income Tax Act Amendment Act of 1906" "The Income Tax Act Amendment Act of 1907" , 'The Income Tax Act Amendment Act of 1915" "The Income Tax Act Amendment Act of 1918 " (The Income Tax Act Amendment Act of 1920" " ~ Phe Income Tax Act Amendment Act of 1920, No. 2 "The Income Tax Act Amendment Act of 1921" "The Income Tax Act Amendment Act of 1922" "T.he Income Tax Act Amendment Act of 1923" 2 Edw. VII. No. 10 2 Edw-. VII. No. 23 4 Edw-. VII. No. 9 6 Edw-. VII. Xo. 11 7 Edw. VII. Xo. 5 6 Geo. V. No. 3;:; 9 Geo. V. No. 2 10 Geo. Y. No. :35 11 Gen. Y. No.12 12 Geo. Y. No. 19 ]3 Geo. V. Xo. 3~ 14 Geo. V. No. 42 * Supra, page 14153. t Supra, page 14749.