Income Tax Laws Amendment Act 1981 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936
3. Principal Act
4. Interpretation
5. Disposal on change of ownership or interests
6. Divisible deductions
7. Special depreciation on plant
8. Insertion of new section—
57aj. Special depreciation on storage facilities for petroleum fuel
9. Insertion of new section—
70a. Cost of mains electricity connections
10. Gifts, calls on afforestation shares, pensions, &c.
11. Losses of previous years
12. Losses of previous years incurred in engaging in primary production
13. Deductions under Subdivision to be in addition to certain other deductions
14. Deductions under Subdivision to be in addition to certain other deductions
15. Interpretation
16. Insertion of new Subdivision—
Subdivision E—Deductions of expenditure in respect of home insulation 82km. Interpretation
82kn. Payments to which Subdivision applies
82ko. Recoupment of expenditure
82kp. Payment to be allowable deduction
82kq. Deduction reduced in certain circumstances
82kr. Non-arm’s length transactions
82ks. Variation of contracts
17. Present entitlement arising from reimbursement agreement
Section
18. Insertion of new Division—
Division 9c—Assessable income diverted under certain tax avoidance schemes 121f. Interpretation
121g. Diverted income and diverted trust income
121h. Assessment of diverted income and diverted trust income
121j. Ascertainment of diverted income or diverted trust income deemed to be an assessment
121k. Division applies notwithstanding exemption under other laws
19. Insertion of new section—
122na. Division not applicable where deduction allowable in accordance with section 57aj
20. Insertion of new section—
124ana. Division not applicable where deduction allowable in accordance with section 57aj
21. Liability to withholding tax
22. Life insurance premiums, &c.
23. Amendment of assessments
24. Formal amendments
25. Arrangement to avoid the operation of sections 11 and 12
PART III—AMENDMENTS OF THE INCOME TAX ASSESSMENT AMENDMENT ACT (No. 6) 1980
26. Principal Act
27. Application of amendments made by sections 11 and 12
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting “or E” after “Subdivision C” in the definition of “apportionable deductions” in sub-section (1); and
(b) by inserting “or E” after “Subdivision C” in the definition of “concessional deductions” in sub-section (1).
“(8) Where—
(a) a change has occurred, otherwise than in the course of ordinary family or commercial dealing, in the ownership of, or in the interests of persons in, property that is not a chose in action and is not property to which paragraphs (7) (b) and (c) apply;
(b) a notice for the purposes of sub-section (2) in respect of the change in ownership or interests was given to the Commissioner after 30 January 1981 and before the commencement of this sub-section or is given to the Commissioner after the commencement of this sub-section;
(c) consideration was received or receivable in connection with the change in ownership or interests by the person, or by any one or more of the persons, who owned the property before the change; and
(d) the amount or value of that consideration substantially exceeds the amount or value of the consideration that might reasonably be expected to have been received or receivable by the person or persons referred to in paragraph (c) in connection with the change in ownership or interests if the value of the property, immediately before the change, had been the value applicable in accordance with sub-section (2),
then, notwithstanding sub-section (2), the notice does not have any effect to the extent to which the notice is in respect of that change in ownership or interests unless the persons giving the notice establish to the satisfaction of the Commissioner that the change in ownership or interests occurred on or before 30 January 1981.
“(9) For the purposes of the application of sub-section (8) in relation to a change in the ownership of, or in the interests of persons in, property, so much of any consideration received or receivable by any person in connection with the change in ownership or interests as, in the opinion of the Commissioner, may appropriately be regarded as consideration received or receivable by the person or persons who owned the property before the change in ownership or interests shall be deemed to be consideration received or receivable by that person or by those persons, as the case may be, in connection with the change in ownership or interests.
“(10) In forming an opinion for the purposes of sub-section (9) whether it is appropriate that consideration received or receivable by a person (in this section referred to as the ‘relevant person’) in connection with a change in the ownership of, or in the interests of persons in, property should be regarded, in whole or in part, as consideration received or receivable in connection with the change in ownership or interests by the person or persons who owned the property before the change in ownership or interests, the Commissioner shall have regard to—
(a) any agreement entered into in connection with the change in ownership or interests;
(b) any agreement entered into in connection with the payment of the consideration to, or the receipt of the consideration by, the relevant person where, as a result of, or in connection with, the agreement, the person or any of the persons, who owned the property before the change in ownership or interests or any other person (other than the relevant person) will benefit from the giving of the consideration to, or the receipt of the consideration by, the relevant person;
(c) the nature of any connection (whether of a business, family or other nature) between the relevant person and the person, or any of the persons, who owned the property before the change in ownership or interests; and
(d) any other matters that the Commissioner considers relevant.
“(11) In sub-section (10), ‘agreement’ means any agreement, arrangement or understanding, whether formal or informal, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings.
“(12) In sub-sections (8), (9) and (10), a reference to consideration received or receivable by a person in connection with a change in the ownership of, or in the interests of persons in, property includes a reference to the amount or value of any benefit obtained, or that may reasonably be expected to be obtained, by the person in connection with that change in ownership or interests.”.
“57aj. (1) In this section, ‘petroleum fuel’ means petroleum or a product obtained by refining petroleum, being petroleum or such a product that is in a liquid or gaseous state at a temperature of 20° Celsius and a pressure of 1 atmosphere.
“(2) Subject to sub-section (3), this section applies to a unit of property, in relation to a taxpayer, in relation to a year of income if—
(a) depreciation is allowable, or would but for sections 122n and 124an be allowable, to the taxpayer under section 54 in respect of that unit of property in relation to the year of income;
(b) during the year of income—
(i) the unit of property was first used by the taxpayer for the purpose of producing assessable income (not having been installed ready for use for that purpose and held in reserve in a previous year of income); or
(ii) the unit of property was first installed ready for use for the purpose of producing assessable income and held in reserve;
(c) the unit of property—
(i) was acquired by the taxpayer under a contract entered into on or after 1 October 1980; or
(ii) was constructed by the taxpayer and commenced to be constructed on or after 1 October 1980;
(d) the unit of property was not, before 1 October 1980, installed at a place at which, during the year of income, the taxpayer used the property for the purpose of producing assessable income or held the property in reserve; and
(e) the unit of property was not, at any time during the year of income when it was owned by the taxpayer, used, or installed ready for use and held in reserve, otherwise than—
(i) wholly and exclusively for the purpose of the storage in Australia of petroleum fuel for the purpose of—
(a) sale as fuel; or
(b) use as fuel in the course of the carrying on of a business; or
(ii) wholly and exclusively for the purpose of conveying petroleum fuel into or out of, or measuring the amount of petroleum fuel in, any other unit of property (not being a unit of property to which paragraph (3) (a) or (b) applies) that was owned by the taxpayer and used, or installed ready for use and held in reserve, wholly and exclusively for the purpose of the storage in Australia of petroleum fuel for the purpose of—
(a) sale as fuel; or
(b) use as fuel in the course of carrying on a business.
“(3) This section does not apply to a unit of property being—
(a) a ship, a unit of railway rolling stock, a road vehicle, a pipeline, a container or any other unit of property that is for use in the transport of fuel; or
(b) a unit of property that is for use for the storage of fuel in or on a ship, a unit of railway rolling stock, a road vehicle, an aircraft or any other vehicle.
“(4) Notwithstanding anything contained in sections 55, 56, 56a, 57, 122n and 124an, the depreciation allowable to a taxpayer under this Act in relation to a year of income in respect of a unit of property to which this section applies in relation to the year of income is 100% of the cost of the unit.
“(5) Sub-section 56 (4) applies for the purposes of sub-section (4) of this section in like manner as that first-mentioned sub-section applies in relation to paragraph 56 (1) (b).
“(6) Sub-sections 57ah (7), (8), (9) and (10) apply for the purposes of this section as if—
(a) those sub-sections were included in this section;
(b) ‘sub-section (3)’ were omitted from paragraph 57ah (7) (c) and ‘sub-section (4)’ were substituted;
(c) ‘sub-section (3)’ were omitted from paragraph 57ah (8) (c) and ‘sub-section (4)’ were substituted; and
(d) ‘(6),’ were omitted from sub-section 57ah(9).”.
“70a. (1) Subject to this section, this section applies to expenditure of a capital nature incurred, on or after 1 October 1980, by a taxpayer being—
(a) the owner of land in Australia; or
(b) a lessee, tenant or other person having an interest in land in Australia, on the connection of mains electricity facilities to that land where—
(c) at the time when the expenditure was incurred, the property in respect of which the expenditure was incurred was used, or installed ready for use and held in reserve, by the taxpayer or another person for, or in connection with, the provision of electricity for use, wholly or partly, in carrying on an assessable business on the land; or
(d) in a case to which paragraph (c) does not apply—the Commissioner is satisfied that, at the time when the expenditure was incurred, the taxpayer or another person intended to use the property in respect of which the expenditure was incurred for, or in connection with, the provision of electricity for use, wholly or partly, in carrying on an assessable business on the land at a time when the taxpayer was the owner, lessee or tenant or had an interest in the land, as the case may be.
“(2) This section does not apply to expenditure of a capital nature incurred by a taxpayer in providing, or by way of contribution to the cost of providing, water, light or power for use on or access to or communication with the site of prescribed mining operations within the meaning of Division 10 or prescribed petroleum operations within the meaning of Division 10aa.
“(3) Subject to this section, where a taxpayer incurs expenditure to which this section applies, the amount of that expenditure is an allowable deduction in the assessment of the taxpayer in respect of income of the year of income in which the expenditure is incurred.
“(4) Where—
(a) a deduction has been allowed, or would but for this sub-section be allowable, under this section from the assessable income of a taxpayer
of a year of income in respect of expenditure incurred on the connection of mains electricity facilities to land, being expenditure in relation to which this section would not apply but for paragraph (1) (d); and
(b) at no time during the period of 12 months after the time when the property in respect of which the expenditure was incurred is first used for, or in connection with, the provision of electricity to the land, is that property used, or installed ready for use and held in reserve, for, or in connection with, the provision of electricity for use in the carrying on of an assessable business on the land,
the deduction shall be deemed not to have been allowable, or not to be
allowable, as the case may be.
“(5) Where—
(a) a deduction has been allowed, or is allowable, under this section from the assessable income of a taxpayer of a year of income in respect of expenditure to which this section applies; and
(b) the taxpayer is recouped in respect of that expenditure by the Commonwealth, by a State, by a Territory, by an authority constituted by or under a law of the Commonwealth, of a State or of a Territory, or by any other person,
the amount recouped by the taxpayer shall be included in the assessable income of the taxpayer of the year of income in which the taxpayer is recouped.
“(6) For the purposes of sub-section (5), any consideration received by a taxpayer in respect of the disposal or transfer of the taxpayer’s right to be recouped in respect of any expenditure to which this section applies shall be taken to be an amount recouped by the taxpayer in respect of that expenditure.
“(7) A reference in sub-section (6) to a right to be recouped in respect of expenditure to which this section applies includes a reference to an interest in a partnership to the extent to which the interest includes a right to be recouped in respect of any such expenditure.
“(8) Where a taxpayer receives an amount that constitutes to an unspecified extent a recoupment of expenditure to which this section applies, the Commissioner may, for the purposes of sub-section (5), determine the extent to which the amount constitutes a recoupment of that expenditure.
“(9) Where an amount of expenditure to which this section applies has been allowed or is allowable as a deduction under this section in an assessment of a taxpayer of any year of income, no amount shall, in respect of that expenditure, be an allowable deduction or be taken into account in ascertaining the amount of an allowable deduction, under a provision of this Act other than this section, in any assessment of any taxpayer or in calculating in accordance with section 90 the net income of any partnership or any partnership loss in respect of any year of income.
“(10) This section does not apply in relation to the calculation of the net income of a partnership, or a partnership loss, in accordance with section 90, but, where a partnership has incurred expenditure to which this section would apply if the partnership were a taxpayer, then, for the purposes of the applica-
tion of sub-section (3) in respect of a partner in a partnership, that partner shall be deemed to have incurred an amount of expenditure to which this section applies equal to—
(a) so much of the amount of that expenditure as the partners have agreed is to be borne by that partner; or
(b) if the partners have not agreed as to the part of that amount that is to be borne by that partner—so much of that amount as bears to that amount the same proportion as the individual interest of the partner in the net income of the partnership of the year of income in which the relevant expenditure was incurred bears to that net income or, as the case requires, the individual interest of the partner in the partnership loss for that year of income bears to that partnership loss.
“(11) In this section—
(a) a reference to the connection to any land of mains electricity facilities is a reference to—
(i) the connection of mains electricity cables from a point on the land or outside the land to a point on the land at which the consumption of electricity supplied through those cables to the land is to be metered;
(ii) the provision or installation of mains electricity metering equipment for use in connection with the supply of electricity to the land through mains electricity cables;
(iii) the provision or installation of equipment that is for use directly in connection with the supply of electricity to the land through mains electricity cables to a point on the land at which the consumption of electricity supplied through those cables to the land is metered; and
(iv) any work undertaken to increase the amount of electricity that may be supplied to the land through mains electricity cables to a point on the land at which the consumption of electricity supplied through those cables is metered and any consequential modification or replacement of mains electricity metering equipment or other equipment that is for use directly in connection with the supply of electricity to that point,
but does not include a reference to the connection of mains electricity cables, the provision or installation of equipment or any work undertaken in the course of replacing or re-locating mains electricity cables or any equipment unless the connection of the mains electricity cables, the provision or installation of the equipment or the undertaking of the work is for the purpose of obtaining an increase in the amount of electricity that can be supplied to a point on the land;
(b) a reference to expenditure incurred on the connection to any land of mains electricity facilities includes a reference to expenditure incurred by way of contribution to the cost of a project consisting of the connection of mains electricity facilities to that land and to other land;
(c) a reference to mains electricity metering equipment is a reference to equipment designed to measure the amount of electricity supplied to any place through mains electricity cables;
(d) a reference, in relation to expenditure incurred on the connection to any land of mains electricity facilities, to the property in respect of which the expenditure was incurred is a reference to the mains electricity cables or the equipment, or the mains electricity cables and the equipment, as the case requires, in respect of which the expenditure was incurred;
(e) a reference to the carrying on of an assessable business is a reference to the carrying on of a business for the purpose of producing assessable income; and
(f) a reference to a person having an interest in land includes a reference to a share-farmer carrying on a business on the land.”.
(a) by inserting after sub-paragraph (1) (a) (lix) the following sub-paragraphs:
“; (lx) the Herbert Vere Evatt Memorial Foundation Incorporated;
“(lxi) the I.D.E.C. African Relief Appeal;
“(lxii) a public fund in respect of which there is in force, at the time when the gift is made, a declaration under sub-section (8) that the fund is an eligible fund for the purposes of this sub-paragraph;
“(lxiii) a public fund established and maintained exclusively for the purpose of providing religious instruction in government schools in Australia,”;
(b) by inserting after sub-section (6) the following sub-section:
“(6aaa) A gift to the fund specified in sub-paragraph (1) (a) (1) is not an allowable deduction under that sub-paragraph unless the gift was made on or after 1 July 1979 and on or before 18 September 1980.”;
(c) by omitting from sub-section (6aa) “sub-paragraph (1) or sub-paragraph (li) of paragraph (a) of sub-section (1)” and substituting “sub-paragraph (1) (a) (li)”;
(d) by inserting after sub-section (6ab) the following sub-section:
“(6ac) A gift to the fund specified in sub-paragraph (1) (a) (lxi) is not an allowable deduction under that sub-paragraph unless the gift was made on or after 1 July 1980 and on or before 18 September 1980.”; and
(e) by adding at the end thereof the following sub-sections:
“(8) Where the Treasurer is satisfied that a fund is a fund established by an approved organization (whether or not the organization was an approved organization at the time when the fund was established) exclusively for the relief of persons in a certified country or certified countries (whether or not that country was a certified country or those countries were certified countries at the time when the fund was
established),
the Treasurer may, in his discretion, by notice published in the
“(9) Subject to sub-section (10), a
notice published in the
“(10) Where a notice published in
the
“(11) The Treasurer may, in his
discretion, by notice published in the
“(12) In sub-section (8)—
‘approved organization’ means an organization approved in writing by the Minister for Foreign Affairs, in his discretion, for the purposes of sub-section (8);
‘certified country’ means a country certified in writing by the Minister for Foreign Affairs, in his discretion, to be a developing country.”.
(a) by omitting from sub-section (2) “sub-section (5)” and substituting “sub-sections (5) and (6)”;
(b) by omitting from paragraph (5) (m) “1980” and substituting “1981”; and
(c) by adding at the end thereof the following sub-section:
“(6) For the purpose of determining whether a deduction is allowable to a taxpayer under sub-section (2) in respect of the year of income that commenced on 1 July 1980 or in respect of a subsequent year of income and for the purpose of ascertaining the amount of any such
deduction,
there shall be disregarded so much of the amount of any loss deemed to have
been incurred by the taxpayer as would not have been deemed, for the purposes
of this section, to have been incurred by the taxpayer if section 36a of this Act, as in force immediately
after the commencement of the
‘(8) Where—
(a) at any time, whether before or after the commencement of the
Income Tax Laws Amendment Act 1981, a change has occurred, otherwise than in the course of ordinary family or commercial dealing, in the ownership of, or in the interests of persons in, property;(b) consideration was received or receivable in connection with the change in ownership or interests by the persons, or by any one or more of the persons, who owned the property before the change;
(c) a notice for the purposes of sub-section (2) in respect of the change in ownership or interests was at any time, whether before or after the commencement of the
Income Tax Laws Amendment Act 1981, given to the Commissioner; and(d) the amount or value of that consideration substantially exceeds the amount or value of the consideration that might reasonably be expected to have been received or receivable by the person or persons referred to in paragraph (b) in connection with the change in ownership or interests if the value of the property, immediately before the change, had been the value applicable in accordance with sub-section (2),
then, notwithstanding sub-section (2), the notice does not have any effect to the extent to which the notice is in respect of that change in ownership or interests.’.”.
(a) by omitting from sub-section (4) “sub-section (9)” and substituting “sub-sections (9) and (10)”; and
(b) by adding at the end thereof the following sub-section:
“(10) For the purpose of determining whether a deduction is allowable to a taxpayer under sub-section (4) in respect of the year of income that commenced on 1 July 1980 or in respect of a subsequent year of income and for the purpose of ascertaining the amount of any such deduction, there shall be disregarded so much of the amount of any loss deemed to have been incurred by the taxpayer in engaging in primary production as would not have been deemed, for the purposes of this section, to have been incurred by the taxpayer in engaging in
primary production if the condition specified in sub-section 80 (6) were applicable for the purpose of determining whether the taxpayer is deemed, in any year of income, to have incurred a loss in engaging in primary production and in determining the amount of any such loss.”.
(a) by inserting in sub-section (2) “70a,” after “section”; and
(b) by adding at the end thereof the following sub-section:
“(4) A deduction under this Subdivision is not allowable in respect of expenditure in respect of a unit of property if a deduction in respect of depreciation of the unit of property has been allowed or is allowable in accordance with section 57aj.”.
(a) by inserting after the definition of “associate” in sub-section (1) the following definitions:
“‘consumable supplies’ means property other than—
(a) trading stock; or
(b) choses in action;
“‘exempt business’ means a business the income (if any) from which would, but for sub-section 77 (3), be exempt income;”;
(b) by inserting after the definition of “expected tax saving” in sub-section (1) the following definitions:
“‘film’ means an aggregate of images, or of images and sounds, embodied in any material;
“‘market research’ means—
(a) the undertaking of research to ascertain the location, extent, value or other characteristics of the market, or the potential market, for goods or services; and
(b) the provision of information, advice or assistance in connection with the marketing of particular goods or services or of goods or services generally;”;
(c) by omitting “or” (last occurring) from paragraph (e) of the definition of “relevant expenditure” in sub-section (1);
(d) by adding at the end of the definition of “relevant expenditure” in sub-section (1) the following paragraphs:
“(g) a loss or outgoing incurred by the taxpayer in respect of—
(i) the production, marketing or distribution of a film; or
(ii) the acquisition of a copyright subsisting in a film,
to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 51 in respect of the loss or outgoing;
“(h) expenditure incurred by the taxpayer in respect of a unit of industrial property, being a unit of industrial property that relates to copyright subsisting in a film, to the extent to which the amount of that expenditure is taken into account, or would, apart from sub-sections 124r (2) and (3), be taken into account, in calculating the residual value of the unit of industrial property in ascertaining whether, apart from section 82kl, a deduction would be allowable to the taxpayer under section 124m or 124n in respect of the residual value of the unit of industrial property;
“(j) a loss incurred by the taxpayer in a year of income in carrying on an exempt business in Australia to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 77 in respect of the loss;
“(k) a loss or outgoing incurred by the taxpayer in the purchase of consumable supplies to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 51 in respect of the loss or outgoing;
“(m) a loss or outgoing incurred by the taxpayer in respect of market research to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 51 in respect of the loss or outgoing;
“(n) expenditure incurred by the taxpayer in respect of the acquisition of a unit of industrial property, being a licence under a copyright subsisting in computer software, to the extent to which the amount of that expenditure is taken into account, or would, apart from sub-section 124r (3) be taken into account, in calculating the residual value of the unit of industrial property in ascertaining whether, apart from section 82kl, a deduction would be allowable to the taxpayer under section 124m or 124n in respect of the residual value of the unit of industrial property;
(o) a loss or outgoing or expenditure incurred by the taxpayer by way of commission for collecting assessable income of the taxpayer to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 51 or 64 in respect of the loss or outgoing or the expenditure;
“(p) a loss or outgoing incurred by the taxpayer in respect of the growing, care or supervision of trees on behalf of the taxpayer to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 51 in respect of the loss or outgoing;
“(q) a loss or outgoing incurred by the taxpayer for the purpose of increasing the value of shares in a company, being shares held or beneficially owned by the taxpayer as trading stock, to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 51 in respect of the loss or outgoing; or
“(r) a loss or outgoing incurred by the taxpayer in respect of—
(i) the production by another person of a master sound recording; or
(ii) the procuration of the production by another person of a master sound recording,
to the extent to which a deduction would, apart from section 82kl, be allowable to the taxpayer under section 51 in respect of the loss or outgoing;”;
(e) by adding at the end of sub-section (1) the following definition:
“;‘unit of industrial property’ has the same meaning as in Division 10b.”;
(f) by omitting sub-section (1ab) and substituting the following subsections:
“(1ab) A reference in sub-section 82kl (2), and a reference in section 80 in relation to this Subdivision, to the incurring by a taxpayer of a loss or outgoing shall be read as including a reference to—
(a) the incurring by a taxpayer of a bad debt; and
(b) the incurring by a taxpayer of a loss for the purposes of section 77.
“(1ac) In this Subdivision—
(a) a reference to a copyright subsisting in a film shall be read as including a reference to—
(i) a licence under a copyright subsisting in a film; and
(ii) an interest, whether at law or in equity, in respect of a copyright, or in respect of a licence under a copyright, subsisting in a film; and
(b) a reference to a licence under a copyright subsisting in computer software shall be read as including a reference to an interest, whether at law or in equity, in a licence under a copyright subsisting in computer software.
“(1ad) A reference in this Subdivision to a deduction being allowed or allowable or not being allowed or allowable in respect of relevant expenditure to which paragraph (h) or (n) of the definition of ‘relevant
expenditure’ in sub-section (1) applies shall be read as a reference to a deduction being allowed or allowable or not being allowed or allowable, as the case may be, under section 124m or 124n in respect of the residual value of a unit of industrial property where that residual value would be calculated by reference to that relevant expenditure.”;
(g) by inserting after sub-section (1fa) the following sub-section:
“(1fb) For the purposes of the application of sub-section (1f) in relation to an amount of relevant expenditure to which paragraph (j) of the definition of ‘relevant expenditure’ in sub-section (1) applies, any benefit obtained by the taxpayer in relation to the incurring by the taxpayer of any loss or outgoing or expenditure that is taken into account in determining the amount of the relevant expenditure shall be taken to be a benefit obtained by the taxpayer in relation to that relevant expenditure being incurred.”;
(h) by omitting from paragraph (1g) (e) “and”;
(j) by adding at the end of sub-section (1g) the following paragraphs:
“; (g) in a case where the relevant expenditure was incurred by the taxpayer in respect of the production, marketing or distribution of a film or the acquisition of a copyright subsisting in a film and is relevant expenditure to which paragraph (g) of the definition of ‘relevant expenditure’ in sub-section (1) applies— the production, marketing or distribution of the film, or the acquisition of the copyright by the taxpayer, as the case may be;
“(h) in a case where the relevant expenditure was incurred by the taxpayer in respect of a unit of industrial property, being a unit of industrial property that relates to copyright subsisting in a film, and is relevant expenditure to which paragraph (h) of the definition of ‘relevant expenditure’ in sub-section (1) applies—the ownership by the taxpayer of the unit of industrial property;
“(j) in a case where the relevant expenditure is a loss incurred by the taxpayer in carrying on an exempt business—any benefit that—
(i) is obtained by the taxpayer as a result of the incurring by the taxpayer of a loss or outgoing or expenditure that is taken into account in determining the amount of the loss incurred by the taxpayer in carrying on the exempt business; and
(ii) in the opinion of the Commissioner, would be obtained if the loss or outgoing or expenditure, as the case may be, had been incurred by reason of, as a result of or as part of an agreement other than a tax avoidance agreement;
“(k) in a case where the relevant expenditure was incurred by the taxpayer in the purchase of consumable supplies—the acquisition of those consumable supplies by the taxpayer;
“(m) in a case where the relevant expenditure was incurred by the taxpayer in respect of market research—the undertaking of the research, or the provision of the information, advice or assistance, in respect of which the relevant expenditure was incurred;
“(n) in a case where the relevant expenditure was incurred by the taxpayer in respect of the acquisition of a unit of industrial property, being a licence under a copyright subsisting in computer software—the acquisition by the taxpayer of the unit of industrial property;
“(o) in a case where the relevant expenditure was incurred by the taxpayer by way of commission for collecting assessable income of the taxpayer—the collection on behalf of the taxpayer of assessable income of the taxpayer;
“(p) in a case where the relevant expenditure was incurred by the taxpayer in respect of the growing, care or supervision of trees on behalf of the taxpayer—the growing, care or supervision of the trees on behalf of the taxpayer;
“(q) in a case where the relevant expenditure was incurred by the taxpayer for the purpose of increasing the value of shares in a company, being shares held or beneficially owned by the taxpayer as trading stock—the increase in the value of those shares; and
“(r) in a case where the relevant expenditure was incurred by the taxpayer in respect of the production of, or the procuration of the production of, a master sound recording—any amount payable to the taxpayer in respect of the master sound recording, being an amount that, in the opinion of the Commissioner, would be payable to the taxpayer as a result of the incurring by the taxpayer of the relevant expenditure if that expenditure had been incurred by reason of, as a result of or as part of an agreement other than a tax avoidance agreement.”;
(k) by inserting after sub-section (1jb) the following sub-sections:
“(1jc) For the purposes of the application of sub-section (1h) in relation to an amount of relevant expenditure incurred by a taxpayer, being relevant expenditure to which paragraph (j) of the definition of ‘relevant expenditure’ in sub-section (1) applies, a reference in paragraph (1h) (b) to the acquisition by the taxpayer or an associate of the taxpayer, in relation to that relevant expenditure being incurred, of the right to recover a debt shall be read as including a reference to the acquisition by the taxpayer or an associate of the taxpayer, in relation to the incurring by the taxpayer of a loss or outgoing or expenditure that is taken into account in determining the amount of the relevant expenditure, of such a right.
“ (1jd)For the purposes of the application of sub-section (1j) in relation to an amount of relevant expenditure incurred by a taxpayer, being relevant expenditure to which paragraph (j) of the definition of‘relevant expenditure’ in sub-section (1) applies, a reference in paragraph (1j) (b) to a debt becoming owing, or having become owing, by the taxpayer or an associate of the taxpayer in relation to that relevant expenditure being incurred, shall be read as including a reference to a debt becoming owing, or having become owing, by the taxpayer or an associate of the taxpayer in relation to the incurring by the taxpayer of a loss or outgoing or expenditure that is taken into account in determining the amount of the relevant expenditure.”;
(m) by omitting from paragraph (1l) (e) “and”;
(n) by adding at the end of sub-section (1l) the following paragraphs:
“; (g) in a case where paragraph (g) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in respect of the same film;
“(h) in a case where paragraph (h) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in respect of the same film;
“(j) in a case where paragraph (j) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in carrying on the same business;
“(k) in a case where paragraph (k) of the defination of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in the purchase of the same property;
“(m) in a case where paragraph (m) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in respect of the same market research;
“(n) in a case where paragraph (n) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in respect of the same unit of industrial property;
“(o) in a case where paragraph (o) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in respect of the same source of assessable income;
“(p) in a case where paragraph (p) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in respect of trees on the same parcel of land;
“(q) in a case where paragraph (q) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were incurred in respect of the same shares; and
“(r) in a case where paragraph (r) of the definition of ‘relevant expenditure’ in sub-section (1) applies in relation to each of those amounts—those amounts were payable to the same person.”; and
(o) by omitting sub-section (1p) and substituting the following sub-sections:
“(1p) For the purposes of this Subdivision, any benefit that has been obtained by an associate of a taxpayer by reason of, as a result of or as part of a tax avoidance agreement, being a benefit that was obtained in relation to the incurring by the taxpayer, by reason of, as a result of or as part of that tax avoidance agreement, of relevant expenditure, not being relevant expenditure to which sub-section (1q) or (1r) applies, shall be taken to be a benefit that was obtained by the taxpayer by reason of that tax avoidance agreement and in relation to that relevant expenditure being incurred by the taxpayer.
“(1q) For the purposes of this Subdivision, any benefit that has been obtained by an associate of a taxpayer by reason of, as a result of or as part of a tax avoidance agreement, being a benefit that was obtained in relation to—
(a) the incurring by the taxpayer, by reason of, as a result of or as part of that tax avoidance agreement, of relevant expenditure to which paragraph (f) of the definition of ‘relevant expenditure’ in sub-section (1) applies; or
(b) the making by the taxpayer, by reason of, as a result of or as part of that tax avoidance agreement, of the loan in respect of which relevant expenditure to which that paragraph applies was incurred,
shall be taken to be a benefit that was obtained by the taxpayer by reason of that tax avoidance agreement and in relation to the relevant expenditure being incurred by the taxpayer or that loan being made by the taxpayer, as the case may be.
“(1r) For the purposes of this Subdivision, any benefit that has been obtained by an associate of a taxpayer by reason of, as a result of or as part of a tax avoidance agreement, being a benefit that was obtained in relation to—
(a) the incurring by the taxpayer, by reason of, as a result of or as part of that tax avoidance agreement, of a loss to which paragraph (j) of the definition of ‘relevant expenditure’ in sub-section (1) applies; or
(b) the incurring by the taxpayer, by reason of, as a result of or as part of that tax avoidance agreement, of a loss or outgoing or expenditure that is taken into account in determining the amount of any relevant expenditure to which that paragraph applies,
shall be taken to be a benefit that was obtained by the taxpayer by reason of that tax avoidance agreement and in relation to the relevant
expenditure being incurred by the taxpayer or that loss or outgoing or expenditure being incurred by the taxpayer, as the case may be.”.
(a) the loss was incurred in the year of income in which 25 September 1978 occurred and was not calculated in whole or in part by reference to a loss or outgoing or expenditure that was incurred before 25 September 1978; or
(b) the loss was incurred in a subsequent year of income.
(a) in the making of an assessment, a deduction has not been allowed to a taxpayer in respect of a loss or outgoing or expenditure to which paragraph (g), (h), (j), (k), (m), (n), (o), (p), (q) or (r) of the definition of “relevant expenditure” in sub-section 82kh (1) of the
Income Tax Assessment Act 1936 applies;(b) on or before the date of commencement of this section, the taxpayer has posted to or lodged with the Commissioner an objection in writing against the assessment; and
(c) within 60 days after the date of commencement of this section, the taxpayer posts to or lodges with the Commissioner an application in writing to amend the objection to include in the grounds of objection the ground that section 82kl of the
Income Tax Assessment Act 1936 does not operate to deem a deduction not to be allowable to the taxpayer in respect of that loss or outgoing or that expenditure,
that
ground of objection shall, for all purposes of the
16. After Subdivision D of Division 3 of Part III of the Principal Act the following Subdivision is inserted:
“82km. (1) In this Subdivision, unless the contrary intention appears—
‘dwelling’ means—
(a) a unit of accommodation constituted by, or contained in, a building in Australia, being a unit that consists, in whole or in substantial part, of residential accommodation; or
(b) a building or part of a building in Australia that is in the course of construction and which, when completed, will constitute a unit of accommodation that consists in whole or in substantial part, of residential accommodation;
‘install in’ includes affix to;
‘stratum unit’, in relation to a dwelling, means a unit on a unit plan registered under a law of a State or Territory that provides for the registration of titles of a kind known as unit titles or strata titles, being a unit that comprises—
(a) a part of a building containing the dwelling, being a part consisting of a flat or home unit; or
(b) a part of a parcel of land, being a part on which the building containing the dwelling is constructed, or is being constructed;
‘taxpayer’ means a person (other than a company) who is a resident of Australia;
‘thermal insulation material’, in relation to a dwelling, means any material or substance installed in, or to be installed in, the dwelling primarily and principally for the purpose of reducing the transfer of heat between the interior of the dwelling and the exterior of the dwelling but does not include—
(a) any material or substance the whole or a part of which performs, or is to perform, a structural or decorative function in connection with the dwelling; or
(b) any material or substance that is used, or is to be used, in connection with a material or substance of the kind referred to in paragraph (a).
“(2) For the purposes of this Subdivision—
(a) where—
(i) a person acquires, holds or held an estate in fee simple in land or in a stratum unit or 2 or more persons acquire, hold or held such an estate in land or in a stratum unit as joint tenants or tenants in common;
(ii) a person acquires, holds or held an interest in land or in a stratum unit as lessee or licensee, or 2 or more persons acquire, hold or held jointly an interest in land or in a stratum unit as lessees or licensees, under a lease or licence, and the Commissioner is satisfied that the lease or licence gives or gave reasonable security of tenure to the lessee or licensee, or to the lessees or licensees, for a period of, or for periods aggregating, not less than 10 years ;
(iii) a person acquires, holds or held an interest in land or in a stratum unit as purchaser of an estate in fee simple in the land or in the stratum unit, or 2or more persons acquire, hold or held an interest in land or in a stratum unit as purchasers of such an estate in the land or in the stratum unit as joint tenants or tenants in common, under an agreement that provides or provided for payment of the purchase price, or apart of the purchase price, to be made at a future time or by instalments ; or
(iv) a person acquires, holds or held an interest in land or in a stratum unit as purchaser, or 2 or more persons acquire, hold or held jointly an interest in land or in a stratum unit as purchasers, of the right to be granted a lease of the land or of the stratum unit under an agreement that provides or provided for payment of the purchase price, or a part of the purchase price, for the lease to be made at a future time or by instalments and the Commissioner is satisfied that the lease will give or gave reasonable security of tenure to the lessee or lessees for a period of, or for periods aggregating, not less than 10 years,
that person or those persons shall be taken to acquire or hold or to have held, as the case may be, a prescribed interest in that land or in that stratum unit, as the case requires; and
(b) where a person acquires, holds or held, or 2 or more persons acquire, hold or held jointly, a right of occupancy of a dwelling, being a flat or home unit, arising by virtue of the acquiring or holding of shares, or by virtue of a contract to purchase shares, in a company that—
(i) owns or owned the building that contains the flat or home unit; or
(ii) in a case where the building containing the dwelling is in the course of construction—will own that building,
that person, or those persons, as the case requires, shall be taken to acquire or hold, or to have held, as the case may be, a proprietary right in respect of the dwelling.
“(3) For the purposes of this Subdivision, a person shall be deemed to acquire or hold, or to have held, a relevant interest in a dwelling if the person acquires, holds or held, whether alone or together with another person or other persons—
(a) a prescribed interest in the land on which the building constituting or containing the dwelling is constructed or is being constructed or was constructed, as the case may be;
(b) a prescribed interest in a stratum unit in relation to the dwelling; or
(c) if the dwelling is a flat or home unit—a proprietary right in respect of the dwelling.
“(4) In this Subdivision, a reference to an amount paid by a taxpayer in respect of thermal insulation material in relation to a dwelling includes a reference to an amount paid by the taxpayer in respect of the cost of installing the thermal insulation material in the dwelling.
“(5) For the purposes of this Subdivision, a reference to the spouse of a taxpayer is a reference to—
(a) the husband or wife of the taxpayer other than a person living separately and apart from the taxpayer; or
(b) a person living with the taxpayer as the husband or wife of the taxpayer on a
bona fide domestic basis although not legally married to the taxpayer.
“82kn. (1) Subject to this Subdivision, this Subdivision applies to an amount paid by a taxpayer in a year of income in respect of thermal insulation material where—
(a) at the time when the payment was made—
(i) that thermal insulation material was installed in a dwelling; or
(ii) the taxpayer intended that the thermal insulation material be installed in a dwelling;
(b) at the time when the payment was made, the taxpayer, or the spouse of the taxpayer at that time, held a relevant interest in the dwelling;
(c) either of the following conditions is applicable:
(i) the taxpayer or his spouse commenced to construct the dwelling on or after 1 October 1980; or
(ii) neither the taxpayer nor the person who was the spouse of the taxpayer at the time when the payment was made—
(a) held a relevant interest in the dwelling before 1 October 1980; or
(b) acquired a relevant interest in the dwelling on or after that date in pursuance of a contract entered into before that date; and
(d) at the time when the payment was made—
(i) the taxpayer used the dwelling as his sole or principal residence; or
(ii) the taxpayer intended to use the dwelling as his sole or principal residence.
“(2) This Subdivision does not apply to an amount paid by a taxpayer in respect of thermal insulation material in relation to a dwelling if the payment is made in pursuance of a contract that was entered into after the time when the thermal insulation material was installed in the dwelling.
“(3) This Subdivision does not apply to an amount paid by a taxpayer in respect of thermal insulation material in relation to a dwelling if—
(a) at a time before the payment was made, another dwelling was used by the taxpayer as his sole or principal residence in Australia; and
(b) at the time mentioned in paragraph (a), the taxpayer, or a person who was the spouse of the taxpayer at that time, held a relevant interest in the other dwelling.
“(4) This Subdivision does not apply to an amount paid by a taxpayer in respect of thermal insulation material in relation to a dwelling where, if the
amount had been paid by a person who was the spouse of the taxpayer at the time when the payment was made, this Subdivision would not have applied to that amount, in relation to that spouse, by reason of sub-section (3).
“(5) This Subdivision does not apply, and shall be deemed never to have applied, to an amount paid by a taxpayer in respect of thermal insulation material in relation to a dwelling if—
(a) at the time when the payment was made, the thermal insulation material was not installed in the dwelling; and
(b) the thermal insulation material was disposed of by the taxpayer, or was used by the taxpayer for any purpose, without having been installed in the dwelling.
“(6) This Subdivision does not apply, and shall be deemed never to have applied, to an amount paid by a taxpayer in respect of thermal insulation material in relation to a dwelling if—
(a) at the time when the payment was made, the taxpayer did not use the dwelling as his sole or principal residence; and
(b) at any time after the payment was made and without the dwelling having been used by the taxpayer as his sole or principal residence—
(i) the taxpayer or the spouse of the taxpayer sold or otherwise disposed of the dwelling;
(ii) the taxpayer or the spouse of the taxpayer used the dwelling for any purpose not being use of the dwelling as his or her sole or principal residence or a use related to the use of the dwelling as his or her sole or principal residence;
(iii) the taxpayer used another dwelling as his sole or principal residence, being another dwelling in which the taxpayer or the spouse of the taxpayer had a relevant interest; or
(iv) the spouse of the taxpayer used another dwelling as his or her sole or principal residence, being another dwelling in which the taxpayer or the spouse had a relevant interest.
“82ko.(1) This Subdivision does not apply, and shall be deemed never to have applied, to an amount paid by a taxpayer in respect of thermal insulation material in relation to a dwelling if—
(a) the taxpayer is recouped, or becomes entitled to be recouped, in respect of the amount paid, by the Commonwealth, by a State, by a Territory, by an authority constituted by or under a law of the Commonwealth, of a State or of a Territory, or by any other person; and
(b) the amount recouped or to be recouped is not, and will not be, included in the assessable income of the taxpayer of any year of income.
“(2) Where a taxpayer receives, or becomes entitled to receive, an amount that constitutes to an unspecified extent a recoupment of an amount paid by the taxpayer in respect of thermal insulation material, the Commissioner may,
for the purposes of sub-section (1), determine the extent to which the amount that the taxpayer receives or becomes entitled to receive constitutes a recoupment of the amount paid by the taxpayer.
“(3) For the purposes of this section, where a taxpayer receives, or becomes entitled to receive, an amount in respect of the disposal of a dwelling in which thermal insulation material is installed or receives or becomes entitled to receive an insurance recovery in respect of damage to, or destruction of, a dwelling in which thermal insulation material is installed, no part of the amount that the taxpayer receives or becomes entitled to receive shall be taken to be a recoupment in respect of any amount paid by the taxpayer in respect of that thermal insulation material.
“82kp. Subject to section 82kq, where this Subdivision applies to an amount paid by a taxpayer in a year of income, the amount is an allowable deduction from the assessable income of the taxpayer of the year of income.
“82kq. Where—
(a) but for this section, a deduction would be allowable to a taxpayer under this Subdivision in respect of an amount paid by the taxpayer in respect of thermal insulation material in relation to a dwelling; and
(b) the dwelling was not wholly for use by the taxpayer as his sole or principal residence or a use related to the use by the taxpayer of the dwelling as his sole or principal residence,
the amount of that deduction shall be reduced by such amount as, in the opinion of the Commissioner, is fair and reasonable.
“82kr. Where—
(a) a taxpayer has paid an amount in respect of the purchase or installation of thermal insulation material, being a payment that is attributable to a transaction to which the taxpayer was a party;
(b) the Commissioner, having regard to any connection between any 2 or more parties to the transaction and to any other relevant circumstances, is satisfied that those parties were not dealing with each other at arm’s length in relation to the transaction; and
(c) the Commissioner is satisfied that the amount of the payment is greater than the amount (in this sub-section referred to as the ‘arm’s length amount’) that would have been paid by the taxpayer in respect of the purchase or installation of the thermal insulation material if the parties to the transaction had dealt with each other at arm’s length in relation to the transaction,
the arm’s length amount shall be taken, for the purposes of this Subdivision, to be the amount paid by the taxpayer in respect of the purchase or installation of the thermal insulation material.
“82ks. Where the Commissioner is satisfied that—
(a) a contract or arrangement was entered into by a taxpayer before 1 October 1980 for the acquisition of a relevant interest in a dwelling (in this sub-section referred to as the ‘original dwelling’);
Sub-section 221c (3)....................... | “two” (wherever occurring) | “2” |
Sub-section 221c (4)....................... | “the next succeeding sub-section” | “sub-section (5)” |
Paragraph 221c (4) (a)..................... | “Two dollars” | “$2” |
Paragraph 221c (4) (b).................... | “Fifty cents” | “50 cents” |
Sub-section 221c (6)....................... | “sub-section (3) of section 51a” | “sub-section 51a (3)” |
Paragraph 221c (6) (a)..................... | “Seven dollars” | “$7” |
“Five dollars” | “$5” | |
Sub-paragraph 221c (6) (b) (i) | “Two dollars” | “$2” |
Sub-paragraph 221c (6) (b) (ii) | “Two dollars” | “$2” |
Sub-section 221d (1)....................... | “the last preceding section” | “section 221c” |
Section 221d.................................. | “Forty dollars” | “$40” |
Sub-section 221e (3)....................... | “twenty-one” | “21” |
“Forty dollars” | “$40” | |
Section 22 1e................................. | “One hundred dollars” | “$100” |
Section 221eb................................ | “sub-section (1aa) of section 221c” | “sub-section 221c (1aa)” |
Sub-section 221f (1)........................ | “twelve” | “12” |
“the thirty-first day of May” | “31 May” | |
“ten” | “10” | |
“the fourteenth day of June” | “14 June” | |
Sub-section 221f (2)........................ | “ten” | “10” |
“seven” | “7” | |
Sub-section 221f (3)........................ | “two” | “2” |
Paragraph 221f (5) (b)..................... | “the fourteenth day of July” | “14 July” |
“twelve” | “12” | |
“the thirtieth day of June” | “30 June” | |
Paragraph 221f (5) (c)..................... | “seven” | “7” |
Paragraph 221f (5) (f)..................... | “the fourteenth day of August” | “14 August” |
“twelve” | “12” | |
“the thirtieth day of June” | “30 June” | |
Sub-section 221f (6)........................ | “the fourteenth day of August” | “14 August” |
Provision Amended | Omit— | Substitute— |
Sub-section 221f (8)....................... | “the last preceding sub-section” | “sub-section (7)” |
Sub-section 221f (10)..................... | “ten per centum” | “10%” |
Sub-section 221f (12)..................... |
| “paragraph (5) (a)” |
“One thousand dollars” | “$1,000” | |
“six” | “6” | |
“Two hundred dollars” | “$200” | |
Paragraph 221g (1) (b).................... | “four” (wherever occurring) | “4” |
“the twenty-eighth day of July” | “28 July” | |
“the thirtieth day of June” | “30 June” | |
Sub-paragraph 221g (2) (a) (i) | “the first day of July” | “1 July” |
Paragraph 221g (2) (b).................... | “fourteen” | “14” |
“the thirtieth day of June” | “30 June” | |
Sub-section 221g (6)...................... | “paragraph (b) of sub-section (1)” | “paragraph (1) (b)” |
“One thousand dollars” | “$1,000” | |
“six” | “6” | |
“Two hundred dollars” | “$200” | |
Sub-section 221l (1a)..................... | “sub-section (2) of section 221k” | “sub-section 221k (2)” |
Section 221l.................................. | “Forty dollars” | “$40” |
Sub-section 221m (1)...................... | “One hundred dollars” | “$100” |
Sub-section 221p (3)....................... | “the last preceding sub-section” | “sub-section (2)” |
Sub-section 221r (1)....................... | “the King on behalf of the Commonwealth” | “the Commonwealth” |
Paragraph 221r (1a) (a).................. | “two” | “2” |
Paragraph 221r (2) (b).................... | “the King on behalf of the Commonwealth” | “the Commonwealth” |
Paragraph 221r (3) (a).................... | “paragraph (a) of sub-section (8) of section 10” | “paragraph 10 (8) (a)” |
“sub-section (4) of section 15” | “sub-section 15 (4)” | |
Sub-section 221s (2)....................... | “the last preceding sub-section” | “sub-section (1)” |
“thirty” | “30” | |
“Forty dollars” | “$40” | |
Sub-section 221t (2)....................... | “Two hundred dollars” | “$200” |
Sub-section 22It (3)....................... | “Two hundred dollars” | “$200” |
Section 221ta................................ | “sub-section (3) of section 10” | “sub-section 10 (3)” |
Section 22lv.................................. | “Four dollars” | “$4” |
“One thousand dollars” | “$1,000” | |
“six” | “6” | |
Sub-section 221y (1)...................... | “five” | “5” |
Sub-section 221y (2)...................... | “to the King” | “to the Commonwealth” |
Sub-section 221yb (2).................... | “the next succeeding sub-section” | “sub-section (3)” |
“30th June, 1966,” | “30 June 1966” | |
Sub-section 221yc (4).................... |
| “$1,040” |
| “31 March” | |
“the fifteenth day of April” | “15 April” | |
Sub-section 221yc (5).................... | “the last preceding sub-section” | “sub-section (4)” |
Paragraph 221yd (1) (b).................. | “thirty” | “30” |
Sub-section 221yd (2).................... | “the last preceding sub-section” | “sub-section (1)” |
“the thirty-first day of March” | “31 March” | |
Paragraph 221yda (1) (b)................ | “the thirty-first day of March” | “31 March” |
Paragraph 221yda (1) (da).............. | “sub-section (7) of section 23ab” | “sub-section 23ab (7)” |
Sub-paragraph 221yda (2) (a) (ii) | “sub-section (7) of section 23ab” | “sub-section 23ab (7)” |
Paragraph 221yda (2) (b)................ | “paragraph (e) of sub-section (1)” | “paragraph (1) (e)” |
Sub-section 221yda (2a)................ | “paragraph (a) of sub-section (1)” | “paragraph (1) (a)” |
“paragraph (b) of sub-section (1)” | “paragraph (1) (b)” | |
Sub-section 221yda (6).................. | “fourteen” | “14” |
“the last preceding section” | “section 221yd” | |
Sub-section 221ydb (2).................. | “the Queen on behalf of the Commonwealth” | “the Commonwealth” |
Sub-section 221ydb (3).................. | “the Queen on behalf of the Commonwealth” | “the Commonwealth” |
Sub-section 221ydb (4).................. | “the last preceding section” | “section 221yda” |
Section 221ydba........................... | “sub-sections (1a) and (1b) of section 221yc” | “sub-sections 221YC (1a) and (1b)” |
Provision Amended | Omit— | Substitute— |
Sub-section 221ydc (1).................. | “sub-section (2) of section 100” | “sub-section 100 (2)” |
Paragraph 221yg (2) (a).................. | “thirty” | “30” |
Sub-section 221yk (1) (definition of “interest”) | “sub-section (1) of section 128a” | “sub-section 128a (1)” |
Sub-section 221yl (1)..................... | “the next succeeding section” | “section 221ym” |
Sub-section 221yl (2)..................... | “the next succeeding section” | “section 221ym” |
Sub-section 221yl (2a).................. | “the next succeeding section” | “section 221ym” |
Sub-section 221yl (2b)................... | “the next succeeding section” | “section 221ym” |
Sub-section 221yl (4a)................... | “Two hundred dollars” | “$200” |
Paragraph 221ym (a)...................... | “the last preceding section” | “section 221yl” |
Paragraph 221yn (1) (a).................. | “twenty-one” | “21” |
Paragraph 221yn (1) (b).................. | “two” | “2” |
Sub-section 221yn (2).................... | “paragraph (a) of the last preceding sub-section” | “paragraph (1) (a)” |
“One thousand dollars” | “$1,000” | |
“six” | “6” | |
Sub-section 221yn (3).................... | “paragraph (b) of sub-section (1)” | “paragraph (1) (b)” |
“Two hundred dollars” | “$200” | |
Paragraph 221yn (4) (b).................. | “ten per centum” | “10%” |
Sub-section 221yn (5).................... | “the last preceding sub-section” | “sub-section (4)” |
Paragraph 221yp (1) (b).................. | “sub-section (4) of section 221yl” | “sub-section 221yl (4)” |
“that section” | “section 221yl” | |
Paragraph 221yp (2) (b).................. | “sub-section (4) of section 221yl” | “sub-section 221yl (4)” |
“that section” | “section 221yl” | |
Sub-section 221yp (4)..................... | “Two hundred dollars” | “$200” |
Sub-section 221yq (1).................... |
| “sub-section 221yp (1) or (2)” |
Paragraph 221yq (1) (b).................. | “sub-section (3) of section 128c” | “sub-section 128c (3)” |
Sub-section 221yq (2).................... | “paragraph (a) of the last preceding sub-section” | “paragraph (1) (a)” |
Sub-section 221yq (4).................... | “paragraph (b) of sub-section (1)” | “paragraph (1) (b)” |
“sub-section (4) of section 128C” | “sub-section 128c (4)” | |
Paragraph 221yq (4) (a).................. | “the last preceding sub-section” | “sub-section (3)” |
Sub-section 221yr (1).................... | “the Queen on behalf of the Commonwealth” | “the Commonwealth” |
Sub-section 221yr (3).................... | “paragraph (b) of sub-section (1)” | “paragraph (1) (b)” |
Paragraph 221yra (1) (a)................ | “sub-section (2a) of section 221yl” | “sub-section 221yl (2a)” |
| “paragraph 221yn (1) (a)” | |
Sub-section 221yra (1).................. | “the next succeeding sub-section” | “sub-section (2)” |
Sub-section 221yra (2).................. | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 221yt (3).................... | “the last preceding sub-section” | “sub-section (2)” |
Sub-section 221yu (3).................... | “the last preceding sub-section” | “sub-section (2)” |
Sub-section 221yy (2).................... | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 221zc (2)..................... | “paragraph (a) of sub-section (1)” | “paragraph (1) (a)” |
Sub-section 221zc (3)..................... | “paragraph (b) of sub-section (1)” | “paragraph (1) (b)” |
Sub-section 221zd (1)..................... | “sub-section (1) of section 221zb” | “sub-section 221zb (1)” |
Sub-section 221zd (2)..................... | “paragraph (a) of sub-section (1)” | “paragraph (1) (a)” |
Sub-section 221zd (3)..................... | “paragraph (a) of sub-section (1)” | “paragraph (1) (a)” |
Paragraph 221zd (3) (b).................. | “sub-section (4) of section 128u” | “sub-section 128u (4)” |
Sub-section 221ze (1)..................... | “the Queen on behalf of the Commonwealth” | “the Commonwealth” |
Sub-section 221ze (3)..................... | “paragraph (b) of sub-section (1)” | “paragraph (1) (b)” |
Paragraph 221zf (b)....................... | “sub-section (4) of section 128u” | “sub-section 128u (4)” |
Sub-section 223 (1)........................ | “Four dollars” | “$4” |
“Two hundred dollars” | “$200” | |
Section 224................................... | “Four dollars” | “$4” |
“Two hundred dollars” | “$200” | |
Sub-section 225 (1)........................ | “either of the last two preceding sections” | “section 223 or 224” |
“Twenty dollars” | “$20” | |
“One thousand dollars” | “$1,000” | |
Sub-section 226 (1)........................ | “the last three preceding sections” | “sections 223, 224 and 225” |
“Two dollars” | “$2” | |
Sub-section 226 (2)........................ | ‘Two dollars” | “$2” |
Sub-section 227 (1)........................ | “Four dollars” | “$4” |
“Two hundred dollars” | “$200” |
Provision Amended | Omit— | Substitute— |
Sub-section 228 (1)................... | “Two dollars” | “$2” |
“One hundred dollars” | “$100” | |
Sub-section 228 (2)................... | “six” | “6” |
Sub-section 229........................ | “four” | “4” |
Sub-section 230 (1)................... | “Fifty dollars” | “$50” |
“One thousand dollars” | “$1,000” | |
Sub-section 230 (2)................... | “six” | “6” |
Sub-section 231 (1)................... | “Fifty dollars” | “$50” |
“One thousand dollars” | “$1,000” | |
Sub-section 231 (2)................... | “six” | “6” |
Section 232.............................. | “Two dollars” | “$2” |
“One hundred dollars” | “$100” | |
Sub-section 233 (2)................... | “One thousand dollars” | “$1,000” |
Paragraph 247 (2) (c)................. | “the next succeeding section” | “section 248” |
Sub-section 248 (2)................... | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 251d (1)................. | “three” | “3” |
Paragraph 251e (a).................... | “two” | “2” |
Sub-section 251j (2).................. | “Two dollars” | “$2” |
Sub-section 251j (3).................. | “twenty-one” | “21” |
Sub-section 251j (4).................. |
| “paragraph (3) (b) or (c)” |
Sub-section 251j (5).................. | “Two dollars” | “$2” |
Sub-section 251j (6).................. | “the last preceding sub-section” | “sub-section (5)” |
Sub-section 251j (10)................ | “Twenty dollars” | “$20” |
Paragraph 251k (2) (c)............... | “twenty-one” | “21” |
Paragraph 251k (2a) (b)............ | “the last preceding section” | “section 251ja” |
Sub-section 251l (1)................. | “Four dollars” | “$4” |
“Two hundred dollars” | “$200” | |
Paragraph 251l (2) (a)............... | “twelve” | “12” |
“Forty dollars” | “$40” | |
Sub-section 251l (3)................. | “twelve” (wherever occurring) | “12” |
Sub-section 251l (6)................. | “six” | “6” |
Sub-section 251m (1)................. | “the last preceding section” | “section 251l” |
Sub-section 251n (1)................. | “Four dollars” | “$4” |
“One hundred dollars” | “$100” | |
Sub-section 251n (2)................. |
| “paragraph (1) (a) or (b)” |
“Four dollars” | “$4” | |
“One hundred dollars” | “$100” | |
Section 251o............................ | “Four dollars” | “$4” |
“One hundred dollars” | “$100” | |
Sub-section 251r (3)................. |
| “sub-paragraph (2) (b) (iii)” |
Paragraph 251r (3a) (a)............. | “paragraph (b) of sub-section (2)” | “paragraph (2) (b)” |
Sub-section 251r (4)................. | “paragraph (c) of sub-section (2)” | “paragraph (2) (c)” |
Sub-section 251r (5)................. | “sub-section (1) of section 6” | “sub-section 6 (1)” |
Sub-section 251r (7)................. | “sub-section (2) of section 251v” | “sub-section 251v (2)” |
Sub-section 251r (8)................. | “sub-section (2) of section 25lv” | “sub-section 251v (2)” |
Paragraph 251s (1) (a)............... | “sub-section (2) of section 7a” | “sub-section 7a (2)” |
Paragraph 251s (1) (b)............... | “sub-section (2) of section 7a” | “sub-section 7a (2)” |
Sub-section 251u (1)................. | “paragraph (a)” | “paragraph 251s (1) (a)” |
| “paragraph 251s (1) (b),” | |
Paragraph 251v (1) (d).............. | “sub-section (2) of section 7a” | “sub-section 7a (2)” |
Paragraph 251v (3) (b).............. | “paragraph (b) or (c) of sub-section (1)” | “paragraph (1) (b) or (c)” |
Sub-section 251w (3)................ | “sub-section (2) of section 193” | “sub-section 193 (2)” |
“10 per centum” | “10%” | |
Paragraph 252 (1) (d)................ | “Four dollars” | “$4” |
Paragraph 254 (1) (e)................. | “the last preceding paragraph” | “paragraph (d)” |
Paragraph 254 (1) (g)................ | “two” | “2” |
Paragraph 255 (1) (c)................. | “the last preceding paragraph” | “paragraph (b)” |
Sub-section 255 (3)................... | “paragraph (c) of sub-section (1)” | “paragraph (1) (c)” |
Sub-section 256 (2)................... | “The last preceding section” | “Section 255” |
“the last preceding sub-section” | “sub-section (1)” | |
| “paragraph 255 (1) (b)” |
Provision Amended | Omit— | Substitute— |
Sub-section 259 (1)......................... | “two” | “2” |
Paragraph 261 (1) (a)....................... | “13th September, 1915” | “13 September 1915” |
Sub-section 262a (1)....................... | “seven” | “7” |
“Four dollars” | “$4” | |
“Two hundred dollars” | “$200” | |
Sub-section 265a (1)....................... | “the next succeeding sub-section” | “sub-section (2)” |
Sub-section 265a (2)....................... | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 265a (4)....................... | “the last preceding sub-section” | “sub-section (3)” |
Paragraph 265a (6) (a)..................... | “sub-paragraph (ii) of paragraph (b)” | “sub-paragraph (b) (ii)” |
Paragraph 265a (6) (b).................... |
| “sub-paragraph (1) (b) (ii)” |
Sub-section 266 (1)......................... | “Two dollars” | “$2” |
“Forty dollars” | “$40” | |
SCHEDULE 1................................ | “First Column” | “Column 1” |
“Second Column” | “Column 2” |
1. No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No. 5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69, 1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37, 1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48, 1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No. 43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65, 1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960; Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 24 and 69, 1963; Nos. 46, 68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos. 19, 38, 76 and 85, 1967; Nos. 4, 60, 70, 87 and 148, 1968; Nos. 18, 93 and 101, 1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972; Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143, 165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 57, 87, 123, 171 and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; and Nos. 19, 24, 124, 133, 134 and 159, 1980.
2. No. 159, 1980.
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