Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 (Cth)

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

Act No. 101 of 2006 as amended

This compilation was prepared on 23 August 2011

taking into account amendments up to Act No. 41 of 2011

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to amend the law relating to taxation, and for related purposes

1Short title [see Note 1]

This Act may be cited as the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	14 September 2006
2. Schedules 1 and 2	The day on which this Act receives the Royal Assent.	14 September 2006
3. Schedules 3 and 4	1 January 2008.	1 January 2008
4. Schedules 5 and 6	The day on which this Act receives the Royal Assent.	14 September 2006

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Inoperative provisions repealed on Royal Assent

Repeal

The provisions and parts of provisions specified in this Schedule are repealed.

A New Tax System (Australian Business Number) Act 1999

Division 14

A New Tax System (Commonwealth‑State Financial Arrangements) Act 1999

Section 16

Fringe Benefits Tax Assessment Act 1986

4
Subsection 136(1) (definition of Australian Airlines)

Income Tax Assessment Act 1936

Sections 2 to 4

Subsection 6(1) (definition of adopted child)

7
Subsection 6(1) (definition of assessable income from petroleum)
8
Subsection 6(1) (definition of Commonwealth country)
9
Subsection 6(1) (definition of Commonwealth labour market program)
10
Subsection 6(1) (definition of electronic signature)
11
Subsection 6(1) (definition of exempt income from petroleum)
12
Subsection 6(1) (definition of failure to notify penalty)
13
Subsection 6(1) (definition of firearms surrender arrangements)
14
Subsection 6(1) (definition of fishing operations)
15
Subsection 6(1) (definition of forest operations)

Subsection 6(1) (definition of horticulture)

17
Subsection 6(1) (definition of income from petroleum)
18
Subsection 6(1) (definition of income tax laws of Papua New Guinea)
19
Subsection 6(1) (definition of late reconciliation statement penalty)
20
Subsection 6(1) (definition of Papua New Guinea)
21
Subsection 6(1) (definition of Papua New Guinea independence day)
22
Subsection 6(1) (definition of pearling operations)

Subsection 6(1) (definition of petroleum)

24
Subsection 6(1) (definition of petroleum prospecting or mining information)
25
Subsection 6(1) (definition of petroleum prospecting or mining right)

Subsection 6(1) (definition of previous Act)

27
Subsection 6(1) (definition of primary production)
28
Subsection 6(1) (definition of public securities)
29
Subsection 6(1) (definition of reportable fringe benefits amount)

Subsection 6(1) (definition of shares)

31
Subsection 6(1) (definition of tainting amount)

Subsection 6(1B)

Subsections 6(7) to (8)

Subsections 6AA(3) to (3C)

Paragraph 6AA(4)(d)

Section 6G

Paragraph 16(4)(ca)

Section 17

Section 19

Sections 22 to 23AAA

Note: Remade versions of parts of section 23, which is repealed by the above item, are included in the Income Tax Assessment Act 1997 by Schedule 2 to this Act. The provisions concerned (and the remade sections) are: subparagraphs 23(a)(ii) and (vi) (section 768‑100); paragraph 23(b), subparagraphs 23(c)(iii) to (v) and paragraphs 23(u), (v) and (ya) (section 842‑105); and paragraphs 23(kc) and (kca) (section 768‑105). Paragraph 23(jb) has also been remade by Schedule 2 as paragraph 128B(3)(jb) of the Income Tax Assessment Act 1936.
41
Subsection 23AB(1) (definition of work and income support related withholding payments and benefits)

Subsection 23AB(6A)

Sub‑subparagraph 23AB(7)(a)(ii)(A)

Section 23ADA

Section 23AE

Section 23AL

Note: A remade version of section 23AL is included in the Income Tax Assessment Act 1997 by item 748 of Schedule 2 to this Act.

Sections 23C, 23D and 23H

Division 1AA of Part III

Sections 24BA and 24BB

Section 24N

Subsection 24P(7)

Section 25

Sections 25B to 26AAB

Note: Remade versions of paragraphs 26(e), (eaa), (ea) and (i), which are repealed by the above item, are included in the Income Tax Assessment Act 1997 by items627 and 628 of Schedule 2 to this Act.

Subsection 26AAC(10)

Paragraph 26AB(5)(a)

Sections 26B and 26BA

57
Subdivisions B and C of Division 2 of Part III (not including the heading to Subdivision B and not including section 36AAA)

Subsection 45(4)

Paragraph 45B(8)(g)

Sections 45Z to 46

Subsection 46A(13)

Section 46C

Section 46F

Division 2A of Part III

Section 51

Note: Remade versions of subsections 51(8) and (9), which are repealed by the above item, are included in the Income Tax Assessment Act 1997 by item 663 of Schedule 2 to this Act.

Section 51AB

Section 51AE

Section 51AG

Section 51AL

Sections 53 to 62AAV

Note: Item813 of Schedule 2 includes a provision in the Income Tax (Transitional Provisions) Act 1997 as a consequence of the repeal of section 57AM by the above item.

Subsections 63(1AAA) to (1AA)

Subsections 63(1B) to (4)

Sections 63A to 63CC

Sections 64 and 64A

75
Subsections 65(1AA), (1), (1A), (1D), (1E), (1F), (2) and (3)

Section 67

Sections 67AA to 70A

Note: A remade version of subsection 69(7), which is repealed by the above item, is included in the Income Tax Assessment Act 1997 by item659 of Schedule 2 to this Act.

Sections 71 to 73

79
Subsection 73A(6) (definition of consideration received or receivable in respect of the disposal, loss or destruction)
80
Subsection 73B(1) (paragraph (c) of the definition of aggregate research and development amount)
81
Subsection 73B(1) (definition of building expenditure)
82
Subsection 73B(1) (definition of undeductedbuilding expenditure)
83
Subsections 73B(7), (17), (25), (26), (28) to (30), (37) and (38)

Section 73D

Section 73F

Sections 74 to 78AB

Note: A remade version of sections 74A and 74B, which are repealed by the above item, is included in the Income Tax Assessment Act 1997 by item660 of Schedule 2 to this Act.

Section 78B

Section 79C

Sections 79E to 81

Subsections 82(1A) and (1)

Subdivisions B to CA of Division 3 of Part III

Subsection 82KH(1C)

Subdivisions F to G of Division 3 of Part III

Subsection 82R(6)

Section 82S

Division 4 of Part III

Section 93

Section 94W

Section 94Y

100
Subsection 97A(2) (definition of eligible primary producer)
101
Subsection 97A(2) (definition of owner of a current IED scheme deposit)
102
Section 102AAB (definition of basic statutory interest rate)
103
Section 102AAB (definition of pre‑franking rebate tax)

104

Subdivision C of Division 6AAA of Part III

105

Subsection 102AAZ(3)

106

Section 102AH

107
Subsections 102L(4), (8), (9), (12), (14), (16) and (17)
108
Subsections 102T(4A), (5), (9), (10), (13), (15), (17) and (18)
109
Subsection 103(1) (all definitions except therelevant holding company or holding companies)

110

Subsection 103(1A)

111

Sections 103AA to 107A

112

Paragraph 109ZA(b)

113

Section 109ZD (definition of PAYE earnings)

114
Section 109ZD (definition of work and income support related withholding payments and benefits)

115

Division 9B of Part III

116
Subsection 121F(1) (paragraph (a) of the definition of relevant exempting provision)

117

Divisions 10 to 10A of Part III

118
Subsection 124K(1) (subparagraphs (a)(i) and (iii) of the definition of unit of industrial property)

119

Subsection 124L(2)

120

Subsection 124S(3)

121

Section 124X

122

Sections 124ZAF and 124ZAN

123

Divisions 10C and 10D of Part III

124

Division 10F of Part III

125

Paragraphs 128AAA(2)(c) and (d)

126
Subsection 128A(1) (definition of associated persons)
127
Subsection 128A(1) (definition of bearer debenture)

128

Subsection 128A(8)

129

Paragraphs 128B(3)(c) and (g)

130
Subsection 128B(3B) (definition of finance arrangement)

131

Subsections 128C(1A) to (2)

Note: Item 342 of Schedule 2 amends subsection 128C(1) as a consequence of the repeal of subsection 128C(1A) by the above item.

132

Subsection 128C(5)

133

Section 128E

134

Sections 128G and 128GA

135

Sections 128H to 128N

136

Subsection 136AE(9)

137

Section 136AG

138

Subsections 156(1A), (4) and (4A)

139

Divisions 16A and 16C of Part III

140

Paragraph 159GJ(1)(a)

141

Subparagraphs 159GJ(2)(a)(i) and (iv)

142

Subparagraphs 159GJ(2)(c)(i) and (iv)

143

Sub‑subparagraph 159GJ(4)(b)(iii)(B)

144

Division 16H of Part III

Note: Item 844 of Schedule 2 include provisions in the Income Tax (Transitional Provisions) Act 1997 as a consequence of the repeal of Division 16H of Part III by the above item.

145

Subsection 159GZZZC(2)

146
Subsection 159HA(7) (paragraph (b) of the definition of indexable amount)

147

Subdivision AAD of Division 17 of Part III

148

Sections 160AB to 160ACE

149
Subsection 160AE(1) (definition of undistributed amount)

150

Subsection 160AF(4)

151

Section 160AGB

152

Subsection 160AN(4)

153

Parts IIIAA and IIIA

154
Subsection 170(10) (table items 2, 7 to 9, 11, 15 and 19)

155

Section 170AA

156
Section 202A (definition of eligible paying authority)

157

Section 202A (definition of salary or wages)

158

Subsection 202BD(7)

159

Subsection 202DM(2)

160

Sections 205 to 209

161

Sections 214 to 218

162

Section 220

163

Divisions 1AAA to 6A of Part VI

Note 1: Items949 and 951 to 956 of Schedule 2 include provisions in the Taxation Administration Act 1953 as a consequence of the repeal of Subdivision C of Division 3B of Part VI by the above item.
Note 2: A remade version of section 221B, which is repealed by the above item, is included in the Taxation Administration Act 1953 by item970 of Schedule 2 to this Act.
Note 3: A remade version of section 221YSA, which is repealed by the above item, is included in the Income Tax Assessment Act 1936 by item345 of Schedule 2 to this Act.

164

Part VII

165

Section 251Y

166

Sections 258 and 259

Note: Item 15 of Schedule 6 extends the operation of subsection 265‑45(2) in Schedule 1 to the Taxation Administration Act 1953 as a consequence of the repeal of section 259 by the above item.

167

Subsection 262A(4AB)

168

Section 264CA

169

Subsection 296(3)

170

Section 305

171

Paragraph 399A(1)(a)

172

Subsection 401(2)

173

Subsection 405(2)

174

Section 407

175

Paragraph 427(a)

176

Subsection 461(2)

177

Sections 546 to 549

178
Subsection 555(2) (definition of basic statutory interest rate)

179

Sections 587 and 588

180
Subsection 592(2) (definition of basic statutory interest rate)

181

Section 597

182

Subsection 613(2)

183

Part XII

184

Schedule 1

185

Schedules 2A and 2B

186

Subsection 245‑70(3) in Schedule 2C

187
Subsection 245‑140(1) in Schedule 2C (table items 1, 3, 5, 6, 9 to 13, 15 to 19, 21, 24 and 25)

188

Subsection 245‑140(1A) in Schedule 2C

189
Paragraphs 57‑25(4)(a) to (d), (g), (h), (k) and (l) in Schedule 2D
190
Section 57‑35 (paragraph (d) of the definition of asset)

191

Subdivision 57‑I in Schedule 2D

192
Subsection 57‑85(3) in Schedule 2D (table items 2 to 4, 6, 7A, 8, 10 to 12 and 14A to 17)
193
Subsection 57‑110(2) in Schedule 2D (table items 2, 3, 4, 5A, 6, 8A and 9)
194
Paragraphs 268‑35(2)(a) and (b) in Schedule 2F (including the notes)
195
Paragraph 268‑35(5)(i) in Schedule 2F (including the note)

196

Sections 268‑50 and 268‑55 in Schedule 2F

197

Section 271‑85 in Schedule 2F

198
Section 393‑25 in Schedule 2G (definition of deduction exemption certificate)

199

Subsection 326‑5(5) in Schedule 2H

Income Tax Assessment Act 1997

200
Section 10‑5 (table item headed “development allowance”)
201
Section 10‑5 (table item headed “drought investment allowance”)
202
Section 10‑5 (table item headed “income equalisation deposits”)
203
Section 11‑15 (table item headed “GST Direct Assistance Certificate recipient”)
204
Section 12‑5 (table item headed “composite incomes”)
205
Section 12‑5 (table item headed “development allowance”)
206
Section 12‑5 (table item headed “drought investment allowance”)
207
Section 12‑5 (table item headed “firearms surrender payments”)
208
Section 12‑5 (table item headed “heritage conservation work”)
209
Section 12‑5 (table item headed “promoters recoupment tax”)
210
Section 12‑5 (table item headed “State Bank of NSW”)
211
Section 12‑5 (table item headed “successive deductions”)
212
Section 12‑5 (table item headed “tax file number (TFN) withholding tax”)
213
Section 13‑1 (table item headed “Commonwealth Savings Bank”)
214
Section 13‑1 (table item headed “heritage conservation”)
215
Section 13‑1 (table item headed “loan interest”)

216

Section 17‑25

217

Section 25‑80

218

Paragraphs 26‑55(1)(b), (c) and (e)

219

Section 27‑30

220
Subsection 30‑25(2) (table items 2.2.5 and 2.2.12)
221
Subsection 30‑45(2) (table items 4.2.8 and 4.2.16 to 4.2.18)
222
Subsection 30‑50(2) (table items 5.2.2 to 5.2.10, 5.2.12 to 5.2.15, 5.2.17 to 5.2.20 and 5.2.23)
223
Subsection 30‑70(2) (table items 8.2.1 and 8.2.2)
224
Subsection 30‑80(2) (table items 9.2.9 and 9.2.11)

225

Section 30‑95 (table item 11.2.6)

226

Subsection 30‑100(2) (table item 12.2.3)

227
Section 30‑102 (table items 12A.2.11 and 12A.2.12)

228

Section 30‑105 (table item 13.2.1)

229
Subsection 30‑315(2) (table items 2AA, 2A, 18, 20B, 23A, 25B, 28, 28B, 29, 32, 34A, 59, 64A, 67A, 68A, 72AA, 72B, 72BB, 74A, 81, 94, 97AA, 104A, 104C, 106, 110B, 112A, 112B, 112D, 114A, 118AA and 123A)

230

Section 51‑60

231

Subdivision 61‑G

232

Subsection 70‑40(2) (notes 1 and 2)

233

Subsection 104‑15(4) (note)

234

Subsection 104‑210(1) (note)

235

Section 115‑10 (note)

236

Section 118‑14

237
Paragraphs 165‑55(5)(d), (e) and (i) (including the note after paragraph (i))

238

Subsection 165‑55(6) (note)

239

Subsection 165‑240(7)

240

Section 320‑40

241

Subsection 328‑295(1) (note 2)

242

Subsection 405‑15(1) (note)

243

Section 405‑45 (note)

244

Subsections 405‑50(1) and (3) (note)

245

Section 820‑10 (table item 3)

246

Subsections 820‑445(1) and (2)

247

Subsection 820‑445(3) (heading)

248

Subdivision 820‑F

249
Section 820‑581 (last paragraph of the example)

250

Subdivision 960‑R

251
Subsection 995‑1(1) (paragraph (d) of the definition of BAS provisions)
252
Subsection 995‑1(1) (paragraphs (b) and (c) of the definition of capital allowance)
253
Subsection 995‑1(1) (definition of exempting company)
254
Subsection 995‑1(1) (definition of leasing company)
255
Subsection 995‑1(1) (definition of maximum TC group)
256
Subsection 995‑1(1) (definition of Pre‑GST annual turnover)
257
Subsection 995‑1(1) (definition of priority agreement)
258
Subsection 995‑1(1) (definition of qualified person)
259
Subsection 995‑1(1) (definition of resident TC group)
260
Subsection 995‑1(1) (paragraph (c) of the definition of safe harbour capital amount)
261
Subsection 995‑1(1) (definition of specified management fees)
262
Subsection 995‑1(1) (definition of top entity)

Income Tax Rates Act 1986

263
Subsection 3(1) (definition of reduced notional income)

264

Subsection 12(5)

265

Schedule 9

Income Tax (Transitional Provisions) Act 1997

266

Subsection 20‑1(2) (including the note)

267

Section 20‑5

268

Division 28

269

Section 40‑85

270

Divisions 41 and 42

271

Section 51‑5

272

Subsection 70‑1(1) (second sentence)

273

Section 70‑5

274

Subdivision 104‑B

275

Section 104‑72

276

Section 104‑210

277

Division 115

278

Division 138

279

Division 330

280

Division 373

281

Division 385

282

Division 387

283

Division 400

284

Division 405

285

Section 701‑30

286

Sections 820‑15 to 820‑40

287

Sections 830‑5 and 830‑10

Taxation Administration Act 1953

288

Division 1 of Part IIA (heading)

289

Subsection 8AAB(4) (table items 10 to 29)

290

Divisions 2 and 3 of Part IIA

291

Subsection 12‑45(3) in Schedule 1

292
Subsections 16‑75(1) and (3) in Schedule 1 (notes)
293
Group heading before section 16‑120 in Schedule 1

294

Sections 16‑120 to 16‑135 in Schedule 1

295

Subsection 45‑70(1) in Schedule 1 (note)

296
Group heading before section 45‑170 in Schedule 1

297

Sections 45‑170 to 45‑180 in Schedule 1

298
Subsection 250‑10(1) in Schedule 1 (table item 60)
299
Subsection 250‑10(2) in Schedule 1 (table items 75 and 80)

Taxation (Interest on Overpayments and Early Payments) Act 1983

300
Subsection 3(1) (definition of final instalment day)
301
Subsection 3(1) (definition of instalment taxpayer)
302
Subsection 3(1) (definition of provisional tax)
303
Subsection 3(1) (definition of relevant entity)
304
Section 3C (table items 10, 30, 35, 60, 65, 70 and 75 in the definition of relevant tax)

305

Subparagraph 8A(1)(a)(iv)

306

Subparagraphs 8A(1)(a)(vi) to (x)

307

Subsection 8A(1A)

308

Subparagraphs 8E(1)(d)(ii) and (2)(d)(ii)

309

Subparagraph 8G(1)(d)(ii)

310

Subparagraph 8G(2)(c)(ii)

311

Subsections 8H(1) and (2)

312

Subsection 9(5)

313

Sub‑subparagraphs 10(1)(a)(iii)(B) and (C)

314

Paragraph 10(1)(aa)

315

Section 10A

316

Subparagraphs 12A(1)(a)(ii) and (iii)

317
Sub‑subparagraphs 12A(1)(a)(iv)(D) and (F) to (J)

Trust Recoupment Tax Assessment Act 1985

318

Subsection 4(6)

Schedule 2Consequential amendments relating to Schedule 1 repeals etc.Part 1Amendments: general

Aboriginal Land Rights (Northern Territory) Act 1976

Subsection 64A(2)

Omit “neither subsection 221ZB(1) of the Income Tax Assessment Act 1936 nor section 12‑320 in Schedule 1 to the Taxation Administration Act 1953 applies”, substitute “section 12‑320 in Schedule 1 to the Taxation Administration Act 1953 does not apply”.

Airports (Transitional) Act 1996

Section 48A (definition of plant)

Omit “section 42‑18”, substitute “subsection 995‑1(1)”.
3
Sections 49, 49A, 50, 50A, 51, 51A, 52, 53 and 54
Repeal the sections.

Air Services Act 1995

Subsection 52(1)

Omit “paragraph 23(d) of the Income Tax Assessment Act 1936”, substitute “section 50‑25 of the Income Tax Assessment Act 1997”.

A New Tax System (Australian Business Number) Act 1999

Section 5A (note)

Omit “under subsection 38(1)”.

Section 41 (definition of enterprise)

Repeal the definition, substitute:
enterprise has the meaning given by section 9‑20 of the A New Tax System (Goods and Services Tax) Act 1999.

Section 41 (definition of entity)

Repeal the definition, substitute:
entity has the meaning given by section 184‑1 of the A New Tax System (Goods and Services Tax) Act 1999.
8
Section 41 (definition of lodged electronically)
Repeal the definition, substitute:
lodged electronically: a document is lodged electronically if it is transmitted to the Registrar in an electronic format approved by the Registrar.

A New Tax System (Bonuses for Older Australians) Act 1999

Paragraphs 35(3)(b) and (4)(a)

Before “subsection 221A(1)”, insert “former”.

Paragraph 35(4)(b)

Before “section 69”, insert “former”.

Paragraph 35(4)(c)

Before “section 74”, insert “former”.

Paragraph 36(3)(a)

Before “subsection 221A(1)”, insert “former”.

A New Tax System (Goods and Services Tax) Act 1999

Paragraph 9‑20(2)(d)

Omit “subsection 12‑45(3)”, substitute “paragraph 12‑45(1)(e)”.

A New Tax System (Tax Administration) Act (No. 2) 2000

Subitem 3(1) of Schedule 1

After “corresponding”, substitute “former”.
15
Subitem 3(1) of Schedule 1 (table, heading to column 3)
Omit “1936 Act provision”, substitute “Former 1936 Act provision”.

Subitem 3(1) of Schedule 1 (table item 7)

Repeal the item.

Subitem 3(2) of Schedule 1

Before “section 224”, insert “former”.

AUSSAT Repeal Act 1991

Subsection 8(2)

Before “sections”, insert “former”.

Australian Postal Corporation Act 1989

Subsection 63(2)

Omit “paragraph 23(d) of the Income Tax Assessment Act 1936 or”.

Australian Prudential Regulation Authority Act 1998

Subsection 55(3)

Omit “paragraph 23(d) of the Income Tax Assessment Act 1936 or”.

Bank Integration Act 1991

21
Subsection 5(1) (paragraph (d) of the definition of asset)
Repeal the paragraph.

Paragraph 22(4)(c)

Omit “, foreign tax credits and dividend rebates under section 46 of the Income Tax Assessment Act 1936”, substitute “and foreign tax credits”.

Subsection 22(5)

Omit “Part IIIAA of the Income Tax Assessment Act 1936”, substitute “Part 3‑6 of the Income Tax Assessment Act 1997 (about the imputation system)”.

Paragraph 22(5)(b)

Omit “franking year”, substitute “income year”.

Bankruptcy Act 1966

Paragraph 109(1A)(b)

Before “subsections”, insert “former”.

Paragraph 109(1A)(b)

Before “section”, insert “former”.

Child Support (Registration and Collection) Act 1988

Paragraphs 50(2)(a) and (b)

Before “subsection 221YHZD(3)”, insert “former”.

Paragraph 72B(4)(b)

Repeal the paragraph, substitute:
(b)
money due by the person to the debtor is taken to be money that comes to the person on behalf of the debtor, other than money that is:
(i)
a payment of a royalty referred to in Subdivision 12‑F in Schedule 1 to the Taxation Administration Act 1953; or
(ii)
a payment to which section 12‑325 of that Schedule applies (natural resource payments).

Corporations Act 2001

29
Subsection 443BA(2) (definition of remittance provision)
After “following”, insert “former”.

Paragraph 459E(5)(aa)

Before “section”, insert “former”.

Paragraph 459E(5)(a)

Before “section” (wherever occurring), insert “former”.

Paragraphs 459E(5)(b) to (d)

Before “subsection”, insert “former”.
33
Subsection 588F(2) (definition of remittance provision)
After “following”, insert “former”.

Paragraphs 588FGA(1)(aa) and (a)

Before “section” (wherever occurring), insert “former”.

Paragraphs 588FGA(1)(b) to (d)

Before “subsection”, insert “former”.

Crimes (Taxation Offences) Act 1980

36
Subsection 3(1) (paragraph (aa) of the definition of income tax)
After “under”, insert “former”.
37
Subsection 3(1) (paragraph (b) of the definition of income tax)
Omit “subsection 221AZMAA(1), subsection 221AZP(1), subsection 221YD(3), section 221YDB or”, substitute “former subsection 221AZMAA(1), former subsection 221AZP(1), former subsection 221YD(3), former section 221YDB or former”.
38
Subsection 3(1) (paragraphs (c) to (cb) of the definition of income tax)
After “under”, insert “former”.
39
Subsection 3(1) (paragraph (d) of the definition of income tax)
Repeal the paragraph, substitute:
(d)
any amount payable under former section 220AAE, 220AAM or 220AAR, or former subsection 221EAA(1), of the Income Tax Assessment Act; and
40
Subsection 3(1) (paragraph (f) of the definition of income tax)
After “under”, insert “former”.
41
Subsection 3(1) (paragraph (g) of the definition of income tax)
Before “subsection” (wherever occurring), insert “former”.
42
Subsection 3(1) (paragraph (g) of the definition of income tax)
Before “subparagraph”, insert “former”.
43
Subsection 3(1) (paragraph (g) of the definition of income tax)
Before “section”, insert “former”.

Crown Debts (Priority) Act 1981

Section 4

Omit “in the Corporations Act 2001 affects the operation of section, subsections”, substitute “or in the Corporations Act 2001 affects the operation of former subsections”.

Section 4

Before “section 221YU”, insert “former”.

Defence Act 1903

Subsection 122AA(3)

Repeal the subsection.

Development Allowance Authority Act 1992

Chapter 2

Repeal the Chapter.
48
Subsection 93D(1) (definition of relevant exempting provision)
Repeal the definition, substitute:
relevant exempting provision has the meaning given by subsection 121F(1) of the Income Tax Assessment Act 1936.

Export Finance and Insurance Corporation Act 1991

Subsection 63(4)

Omit “paragraph 23(d) of the Income Tax Assessment Act 1936 or”.

Financial Corporations (Transfer of Assets and Liabilities) Act 1993

50
Section 3 (paragraph (d) of the definition of asset)
Repeal the paragraph.

Paragraph 14A(5)(a)

Repeal the paragraph.

Paragraph 15(1)(a)

Omit “25,”.

Paragraph 15(1)(b)

Omit “51,”.

Subsection 15(2)

Omit “section 51 of the Income Tax Assessment Act 1936 or”.

Paragraph 15(3)(a)

Omit “25,”.

Paragraph 15(3)(b)

Omit “51,”.

Paragraph 16(1)(a)

Omit “section 25 of the Income Tax Assessment Act 1936 or”.

Paragraph 16(1)(b)

Omit “section 51 of the Income Tax Assessment Act 1936 or”.

Subsection 16(2)

Omit “section 25 of the Income Tax Assessment Act 1936 or”.

Paragraph 16(3)(a)

Omit “section 25 or”.

Paragraph 16(3)(b)

Omit “section 51 or”.

Subparagraph 17(1)(b)(i)

Omit “under section 25 or Division 16E of Part III of the Income Tax Assessment Act 1936 or section”, substitute “under former section 25, or under Division 16E of Part III, of the Income Tax Assessment Act 1936 or under section”.

Subparagraph 17(1)(b)(ii)

Omit “under section 51 or Division 16E of Part III of the Income Tax Assessment Act 1936 or section”, substitute “under former section 51, or under Division 16E of Part III, of the Income Tax Assessment Act 1936 or under section”.

Paragraph 17(2)(b)

Omit “under section 51 or Division 16E of Part III of the Income Tax Assessment Act 1936 or section”, substitute “under former section 51, or under Division 16E of Part III, of the Income Tax Assessment Act 1936 or under section”.

Section 20

Repeal the section.

Paragraph 21(1)(c)

Omit “section 28 of the Income Tax Assessment Act 1936 or”.

Paragraph 21(1)(d)

Omit “section 51 of the Income Tax Assessment Act 1936 or”.

Subparagraph 21(1)(d)(ii)

Omit “section 31 of the Income Tax Assessment Act 1936 or”.

Paragraph 21(1)(e)

Omit “section 36 of the Income Tax Assessment Act 1936 and”.

Paragraph 21(2)(c)

Omit “the Income Tax Assessment Act 1936 or”.

Paragraph 21(2)(d)

Omit “section 51 of the Income Tax Assessment Act 1936 or”.

Paragraph 21(2)(e)

Omit “section 36 of the Income Tax Assessment Act 1936 and”.
73
Subsection 22(4) (paragraph (b) of the definition of unrecouped deductions)
Omit “51 or 63”, substitute “63 or former section 51”.
74
Subsection 22(4) (paragraph (d) of the definition of unrecouped deductions)
Before “subsection”, insert “former”.

Subdivision A of Division 8 of Part 3

Repeal the Subdivision.

Section 26B

Repeal the section.

Paragraph 26C(1)(b)

Omit “section 80G of the Income Tax Assessment Act 1936 or”, substitute “former section 80G of the Income Tax Assessment Act 1936 or under”.

Paragraph 26C(1)(c)

Before “section”, insert “former”.

Schedules 1 and 2

Repeal the Schedules.

Financial Sector (Transfers of Business) Act 1999

80
Subsection 4(1) (paragraph (d) of the definition of asset)
Repeal the paragraph, substitute:
(d) any CGT asset within the meaning of the Income Tax Assessment Act 1997.

Fringe Benefits Tax Assessment Act 1986

Paragraph 19(1)(b)

Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.
82
Paragraph 19(1)(ba) (subparagraph (ii) of the definition of RD)
Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.

Paragraph 24(1)(b)

Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.
84
Paragraph 24(1)(ba) (subparagraph (ii) of the definition of RD)
Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.

Paragraph 34(1)(b)

Omit “, and Subdivisions F and GA of Division 3 of Part III,”.
86
Paragraph 34(1)(ba) (subparagraph (ii) of the definition of RD)
Omit “, and Subdivisions F and GA of Division 3 of Part III,”.

Paragraph 37(b)

Omit “, and Subdivisions F and GA of Division 3 of Part III,”.

Paragraph 37(b)

Omit “under section 51 of the Income Tax Assessment Act 1936, or section 8‑1 of the Income Tax Assessment Act 1997,”, substitute “section 8‑1 of the Income Tax Assessment Act 1997”.
89
Paragraph 37(c) (subparagraph (ii) of the definition of RD)
Omit “, and Subdivisions F and GA of Division 3 of Part III,”.
90
Paragraph 37(c) (subparagraph (ii) of the definition of RD)
Omit “under section 51 of the Income Tax Assessment Act 1936, or section 8‑1 of the Income Tax Assessment Act 1997,”, substitute “section 8‑1 of the Income Tax Assessment Act 1997”.

Paragraph 44(1)(b)

Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.
92
Paragraph 44(1)(ba) (subparagraph (ii) of the definition of RD)
Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.

Paragraph 52(1)(b)

Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.
94
Paragraph 52(1)(ba) (subparagraph (ii) of the definition of RD)
Omit “, and Subdivisions F, GA and G of Division 3 of Part III,”.
95
Paragraph 52(1)(ba) (subparagraph (ii) of the definition of RD)
Omit “section 48, 49, 50 or 51 of the Income Tax Assessment Act 1936, or”.
96
Subsection 136(1) (definition of assessable income)
Repeal the definition, substitute:
assessable income has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

Subsection 136(1) (definition of associate)

Repeal the definition, substitute:
associate has the meaning given by section 318 of the Income Tax Assessment Act 1936.
Note: Section 159 of this Act affects the above definition.
98
Subsection 136(1) (definition of basic car rate)
Repeal the definition, substitute:
basic car rate, in relation to a year of tax ending on 31 March in a year, means the rate prescribed for the purposes of section 28‑25 of the Income Tax Assessment Act 1997 in relation to the year of income ending on 30 June in that year.

Subsection 136(1) (definition of car)

Repeal the definition, substitute:
car has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

100

Subsection 136(1) (definition of child)

Repeal the definition, substitute:
child has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
101
Subsection 136(1) (definition of deductible expenses)
Repeal the definition, substitute:
deductible expenses, in relation to an allowance paid to an employee, means expenses incurred by the employee in respect of which a deduction is allowable to the employee under section 8‑1 of the Income Tax Assessment Act 1997 (ignoring Divisions 28, 32 and 900 of that Act).

102

Subsection 136(1) (definition of disease)

Repeal the definition, substitute:
disease has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
103
Subsection 136(1) (definition of documentary evidence)
Repeal the definition, substitute:
documentary evidence, in relation to an expense incurred by a person, means a document that would constitute written evidence of the expense obtained in a way described in Subdivision 900‑E of the Income Tax Assessment Act 1997 if the expense were a work expense, and Division 900 of that Act applied to the person.
104
Subsection 136(1) (definition of motor vehicle)
Repeal the definition, substitute:
motor vehicle has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
105
Subsection 136(1) (paragraphs (a) and (b) of the definition of non‑deductible entertainment expenditure)
Repeal the paragraphs, substitute:
(a)
section 32‑5 of the Income Tax Assessment Act 1997 applies to it, or would apply if it were incurred in producing assessable income; and
(b)
apart from that section, it would be deductible under section 8‑1 of that Act, or would be if it were incurred in producing assessable income;
106
Subsection 136(1) (definition of non‑deductible entertainment expenditure)
Omit “subsection 51AE(5AA) of the Income Tax Assessment Act 1936 and”.

107

Subsection 136(1) (definition of relative)

Repeal the definition, substitute:
relative has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
108
Subsection 136(1) (definition of religious practitioner)
Repeal the definition, substitute:
religious practitioner has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

109

Subsection 136(1) (definition of spouse)

Repeal the definition, substitute:
spouse has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
110
Subsection 136(1) (definition of year of income)
Repeal the definition, substitute:
year of income means an income year (within the meaning of the Income Tax Assessment Act 1997).

111

Subsection 159(1)

Repeal the subsection.

112

Subsection 159(4)

Repeal the subsection, substitute:
(4)
For the purposes of this Act, section 318 of the Income Tax Assessment Act 1936 has effect as if “a partnership in which the primary entity is a partner” were omitted from paragraphs (1)(b) and (2)(a) of that section and “a partnership in which the primary entity is or was a partner (whether or not the partnership still exists)” were substituted.

Future Fund Act 2006

113

Subsection 31(4) (note)

Omit “section 67‑30”, substitute “Division 63”.

Higher Education Funding Act 1988

114
Subsection 106H(1) (subparagraph (b)(ii) of the definition of HEC repayment income)
Before “section”, insert “former”.

115

Subsection 106U(4)

Repeal the subsection.

Higher Education Support Act 2003

116

Section 154‑75

Repeal the section.

Income Tax Act 1986

117

Subsection 5(2)

Omit “128N, 128NA, 128NB, 128V, 136A or 159C”, substitute “128NA, 128NB or 128V”.

Income Tax Assessment Act 1936

118
Subsection 6(1) (definition of apportionable deductions)
Repeal the definition, substitute:
apportionable deductions has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
119
Subsection 6(1) (definition of assessable income)
Repeal the definition, substitute:
assessable income has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

120

Subsection 6(1)

Insert:
base interest rate has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

121

Subsection 6(1) (definition of business)

Repeal the definition, substitute:
business has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

122

Subsection 6(1) (definition of child)

Repeal the definition, substitute:
child has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
123
Subsection 6(1) (definition of Commonwealth education or training payment)
Repeal the definition, substitute:
Commonwealth education or training paymenthas the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

124

Subsection 6(1) (definition of company)

Repeal the definition, substitute:
company has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
125
Subsection 6(1) (definition of foreign superannuation fund)
Omit “, subject to subsection (7A),”.
126
Subsection 6(1) (at the end of paragraph (b) of the definition of foreign superannuation fund)
Add “(even if pensions are paid out of the fund to the latter persons)”.
127
Subsection 6(1) (definition of friendly society)
Repeal the definition, substitute:
friendly society has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

128

Subsection 6(1)

Insert:
fringe benefit has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
129
Subsection 6(1) (definition of general partner)
Repeal the definition, substitute:
general partner has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
130
Subsection 6(1) (definition of income from personal exertion or income derived from personal exertion)
Omit “section 159GD or”.
131
Subsection 6(1) (at the end of the definition of income tax or tax)
Add “, but, except in section 260, does not include mining withholding tax or withholding tax”.

132

Subsection 6(1) (definition of minerals)

Repeal the definition, substitute:
minerals has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
133
Subsection 6(1) (definition of natural resource)
Repeal the definition, substitute:
natural resource has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
134
Subsection 6(1) (definition of paid‑up share capital)
Repeal the definition, substitute:
paid‑up share capital of a company means the amount standing to the credit of the company’s share capital account reduced by the amount (if any) that represents amounts unpaid on shares.

135

Subsection 6(1)

Insert:
primary production business has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

136

Subsection 6(1) (definition of relative)

Repeal the definition, substitute:
relative has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

137

Subsection 6(1)

Insert:
share in a company has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

138

Subsection 6(1) (definition of spouse)

Repeal the definition, substitute:
spouse has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

139

Subsection 6(1)

Insert:
work and income support related withholding payments and benefits means:
(a)
payments from which an amount must be withheld under a provision of Subdivision 12‑B (other than section 12‑55), 12‑C or 12‑D in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not withheld); and
(b)
amounts included in a person’s assessable income under section 86‑15 of the Income Tax Assessment Act 1997 in respect of which an amount must be paid under Division 13 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not paid); and
(c)
non‑cash benefits in relation to which the provider of the benefit must pay an amount to the Commissioner under Division 14 in Schedule 1 to the Taxation Administration Act 1953 (even if the amount is not paid).
Note: The payments covered by paragraph (a) are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of pensions and annuities, eligible termination payments, payments for unused leave, benefit payments, compensation payments and payments specified by regulations.
140
Subsection 6(1) (definition of year of income)
Repeal the definition, substitute:
year of income means an income year as defined in subsection 995‑1(1) of the Income Tax Assessment Act 1997.
141
At the end of subparagraphs 6AA(1)(a)(i) and (ii)
Add “or”.

142

Subparagraph 6AA(1)(a)(iii)

Omit “or”.

143

Subparagraph 6AA(1)(a)(iv)

Repeal the subparagraph.
144
At the end of subparagraphs 6AA(1)(b)(i) and (ii)
Add “or”.

145

Subparagraph 6AA(1)(b)(iii)

Omit “or”.

146

Subparagraph 6AA(1)(b)(iv)

Repeal the subparagraph.

147

Paragraph 6BA(2)(b)

Omit “46 or”.

148

Subparagraph 6BA(3)(b)(i)

Omit “Part IIIA”, substitute “Part 3‑1 or 3‑3 of the Income Tax Assessment Act 1997”.

149

Subsection 6C(2)

Omit “paragraph 23(r) of this Act and”.

150

Subsection 6CA(3)

Omit “paragraph 23(r) and”.

151

Subsection 6F(5) (definition of associate)

Omit “subsection 26AAB(14)”, substitute “section 318”.

152

Subsection 16(4AA) (definition of employee)

Repeal the definition, substitute:
employee means a person who receives, or is entitled to receive, work and income support related withholding payments and benefits.

153

Subsection 16(4AA) (definition of employer)

Repeal the definition, substitute:
employer means a person who pays or is liable to pay work and income support related withholding payments and benefits, and includes:
(a)
in the case of an unincorporate body of persons other than a partnership—the manager or other principal officer of that body; and
(b)
in the case of a partnership—each partner; and
(c)
an Australian government agency as defined in subsection 995‑1(1) of the Income Tax Assessment Act 1997.

154

Subsection 18(1)

Omit “(1)”.

155

Subsection 18(2)

Repeal the subsection.
156
Subsection 23AB(1) (definition of tax deductions unapplied)
Repeal the definition, substitute:
tax deductions unapplied, in relation to a deceased person, means any amounts withheld under Part 2‑5 in Schedule 1 to the Taxation Administration Act 1953 from work and income support related withholding payments and benefits derived by the deceased person in respect of United Nations service:
(a)
that have not been credited in payment of income tax; and

(b)
in respect of which a payment has not been made by the Commissioner.

157

Subsection 23AB(6)

Omit “paragraph 26(e)”, substitute “section 15‑2 of the Income Tax Assessment Act 1997”.

158

Subsection 23AB(8A)

Omit “23ADA or”.
159
Subsection 23H(4A) (definition of deductible moneys)
Omit “section 124ZAF or 124ZAFA”, substitute “former section 124ZAF or under section 124ZAFA”.
160
Subsection 23H(4A) (definition of deductible 120% moneys)
Omit “section 124ZAF or 124ZAFA”, substitute “former section 124ZAF or under section 124ZAFA”.
161
Subsection 23H(4A) (definition of deductible 133% moneys)
Omit “section 124ZAF or 124ZAFA”, substitute “former section 124ZAF or under section 124ZAFA”.
162
Subsection 23H(4A) (definition of deductible 150% moneys)
Omit “section 124ZAF or 124ZAFA”, substitute “former section 124ZAF or under section 124ZAFA”.

163

Paragraph 23H(5)(a)

Omit “section 124ZAF or 124ZAFA”, substitute “former section 124ZAF or under section 124ZAFA”.

164

Subsection 23H(5)

Omit “the taxpayer under section 124ZAF or 124ZAFA”, substitute “the taxpayer under former section 124ZAF or section 124ZAFA”.

165

Subsection 23H(6)

Omit “124ZAF or”.

166

Subsection 23L(1)

Omit “within the meaning of the Fringe Benefits Tax Assessment Act 1986”.

167

Subsection 23L(1A)

Omit “paragraph 26(eaa) of this Act”, substitute “section 15‑75 of the Income Tax Assessment Act 1997”.

168

Subsection 23L(1A)

Omit “within the meaning of that Act”.
169
Section 24AT (paragraph (c) of the definition of excluded STB)
Omit “(within the meaning of paragraph 23(e))”, substitute “to which any of paragraphs 50‑55(a) to (c) of the Income Tax Assessment Act 1997 applies”.
170
Section 24AT (paragraph (d) of the definition of excluded STB)
Omit “(within the meaning of paragraph 23(ea))”, substitute “to which any of paragraphs 50‑55(a) to (c) of the Income Tax Assessment Act 1997 applies”.
171
Subsection 24B(1) (definition of prescribed Territory)
Repeal the definition, substitute:
prescribed Territory means Norfolk Island.

172

Subsection 24L(5)

Repeal the subsection, substitute:
(5)
In subsections (1), (3), (4), (4A), (4B) and (4C), Australia, resident and non‑resident have the meanings that those expressions would have if subsection 7A(2) did not refer to Norfolk Island.

173

Paragraph 24P(1)(b)

Repeal the paragraph, substitute:
(b)
if there had been a disposal (within the meaning of former Part IIIA) of the asset by the taxpayer on 1 July 1991, that Part would have applied in respect of that disposal (ignoring former section 160ZZF and former Divisions 5A, 7A and 17 of that Part);

174

Subparagraph 24P(1)(c)(i)

Omit “the asset had been disposed of”, substitute “there had been a disposal (within the meaning of former Part IIIA) of the asset”.

175

Subparagraph 24P(1)(c)(iii)

Before “section 24BB”, insert “former”.

176

Subparagraph 24P(1)(c)(iv)

Before “section”, insert “former”.

177

Subsection 24P(5)

Before “section 160ZZU”, insert “former”.

178

Subparagraph 25A(12)(a)(ii)

Omit “or articles within the meaning of section 54”, substitute “within the meaning of section 45‑40 of the Income Tax Assessment Act 1997”.

179

Subsection 26AB(1A) (note)

Omit “Part IIIA of this Act (about CGT) deals”, substitute “former Part IIIA of this Act (about CGT) dealt”.

180

Paragraph 26AB(5)(b)

Omit “mining lease as defined in subsection 88B(7)”, substitute “lease of land granted under a law of a State or Territory relating to mining”.

181

Paragraph 26AB(5)(c)

Omit “is, for the purposes of section 88B”, substitute “was, for the purposes of former section 88B”.

182

Paragraph 26AB(5)(d)

Repeal the paragraph, substitute:
(d)
a premium received in connexion with the assignment from the Commonwealth or a State of a lease:
(i)
granted in perpetuity or for a term not less than 99 years; or
(ii)
with a right of purchase; or
(iii)
effecting improvements to be used for residential purposes only.

183

Paragraph 26AD(12)(b)

Before “section”, insert “former”.

184

Paragraph 26AD(13)(b)

Before “section”, insert “former”.

185

Paragraph 26AG(1)(c)

Omit “section 124ZAF or 124ZAFA”, substitute “former section 124ZAF or under section 124ZAFA”.

186

Paragraph 26AG(1)(d)

After “income”, insert “from sources in or out of Australia”.

187

Paragraph 26AG(1)(e)

After “taxpayer”, insert “from sources in or out of Australia”.

188

Subsection 26AG(8)

Repeal the subsection, substitute:
(8)
If:
(a)
a non‑resident taxpayer derives, from sources outside Australia, income in respect of a film; and
(b)
but for this subsection, subsection (2) would include the amount in the taxpayer’s assessable income of a year of income;
that subsection does not include in the taxpayer’s assessable income so much of the amount as:
(c)
is attributable to the exhibition of the film in the country from sources in which the income was derived; and
(d)
is not exempt from income tax in the country from sources in which the income was derived.

189

Subparagraph 26AJ(1)(g)(i)

Omit “within the meaning of the Fringe Benefits Tax Assessment Act 1986”.

190

Subparagraph 26AJ(1)(g)(ii)

Omit “within the meaning of that Act”.

191

Subsection 26AJ(11) (definition of associate)

Omit “26AAB”, substitute “318”.
192
Subsection 27A(1) (paragraph (a) of the definition of CGT exempt component)
Omit “is covered by subsection 160ZZPZE(4)”, substitute “was covered by former subsection 160ZZPZE(4)”.
193
Subsection 27A(1) (paragraph (b) of the definition of CGT exempt component)
Omit “is taken by subsection 160ZZPZJ(4)”, substitute “was taken by former subsection 160ZZPZJ(4)”.
194
Subsection 27A(1) (paragraph (jaa) of the definition of eligible termination payment)
Omit “is taken to be an ETP by”, substitute “was taken to be an ETP by former”.

195

Subsection 27A(14)

Before “section 24BA”, insert “former”.

196

Subsection 27A(14A)

Before “section 24BB”, insert “former”.
197
Paragraphs 36AAA(1)(a), (1AA)(a), (1A)(a), (2A)(a) and(4A)(a)
Omit “business of primary production”, substitute “primary production business”.

198

Subparagraphs 36AAA(5)(b)(iii) and (6)(b)(ii)

Omit “business of primary production”, substitute “primary production business”.

199

Paragraph 36AAA(8)(a)

Omit “business of primary production”, substitute “primary production business”.

200

Subparagraph 36AAA(9)(b)(iii)

Omit “business of primary production”, substitute “primary production business”.

201

Subsection 36AAA(12)

Omit “business of primary production” (wherever occurring), substitute “primary production business”.
202
Paragraphs 36AAA(13)(c), (e) and (f) and 14(d)
Omit “business of primary production”, substitute “primary production business”.

203

Subsection 36AAA(15)

Omit “business of primary production”, substitute “primary production business”.

204

Subsection 36AAA(17)

Before “paragraph 36(8)(b)”, insert “former”.

205

Subsection 45(2)

Omit “an unfranked dividend”, substitute “a dividend that is unfrankable (within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997) and”.

206

Subsection 45(2)

Omit “46 or”.

207

Subsection 45(3)

Omit “160AQF or 160AQFA”, substitute “202‑5 or 208‑60 of the Income Tax Assessment Act 1997”.

208

Paragraph 45A(4)(e)

Omit “be entitled to a rebate under”, substitute “have been entitled to a rebate under former”.

209

Subsection 45C(1)

Omit “46 or”.

210

Paragraph 45C(5)(b)

Before “section”, insert “former”.
Note: The heading to subsection 45C(5) is altered by inserting “former” before “section”.

211

Subsection 45C(5)

Omit “arising under section 160AQCB, 160AQCNA or 160AQCNB”, substitute “arising under that former section”.

212

Subsection 46A(5B)

Before “Division”, insert “former”.

213

Paragraph 46FA(1)(c)

Repeal the paragraph, substitute:
(c)
ignoring the amendments made by Schedule 1 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006, but for subsection 46AB(1) or 46AC(2) or subparagraph 46F(2)(a)(i) of this Act as in force just before the commencement of those amendments, the resident company would have been entitled to a rebate under section 46 of this Act as so in force in respect of the unfranked amount of the original dividend; and

214

Paragraph 46FB(4)(c)

Repeal the paragraph, substitute:
(c)
ignoring the amendments made by Schedule 1 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006, but for subsection 46AB(1) or 46AC(2) or subparagraph 46F(2)(a)(i) of this Act as in force just before the commencement of those amendments, the company would have been entitled to a rebate under section 46 of this Act as so in force in respect of the unfranked amount of the dividend.

215

Subsection 51AD(1) (definition of associate)

Omit “26AAB”, substitute “318”.

216

Subsection 51AD(17)

Omit “section 67 of this Act or”.

217

Paragraph 51AD(17)(a)

Omit “subsection 67(2) of this Act or”.

218

Subsection 51AD(18)

Omit “section 68 of this Act or”.

219

Subsection 51AF(2) (definition of employee)

Repeal the definition, substitute:
employee means a person who receives, or is entitled to receive, work and income support related withholding payments and benefits.

220

Subsection 51AF(2) (definition of employer)

Repeal the definition, substitute:
employer means a person who pays or is liable to pay work and income support related withholding payments and benefits, and includes:
(a)
in the case of an unincorporate body of persons other than a partnership—the manager or other principal officer of that body; and
(b)
in the case of a partnership—each partner; and
(c)
an Australian government agency as defined in subsection 995‑1(1) of the Income Tax Assessment Act 1997.

221

Paragraph 51AH(1)(c)

Omit “paragraph 26(eaa)”, substitute “section 15‑75 of the Income Tax Assessment Act 1997”.

222

Subsection 51AH(2)

After “Expressions”, insert “(other than “fringe benefit”)”.

223

Subsection 51AJ(2)

Omit “(other than “recipients contribution”)”, substitute “(other than “recipients contribution” and “fringe benefit”)”.

224

Subsection 63(1A)

Omit “(1A)”.

225

Paragraph 63E(3)(c)

Omit “subsection 63(3) of this Act or”.

226

Paragraph 63F(1)(b)

Omit “or under section 51 or 63 of this Act”, substitute “, under former section 51 of this Act or under section 63”.

227

Subparagraph 63G(a)(i)

Omit “under section 51 or 63”, substitute “under former section 51 of this Act, under section 63 of this Act or under section 8‑1 or 25‑35 of the Income Tax Assessment Act 1997”.

228

Paragraph 65(1B)(a)

Omit “and Division 4 of Part VI”.

229

Subsection 73A(4)

Omit “consideration received or receivable in respect of the disposal, loss or destruction”, substitute “termination value of the building or part”.

230

Subsection 73A(4)

Omit “disposal, loss or destruction occurs”, substitute “disposal or destruction occurs”.

231

Subsection 73A(4)

Omit “consideration relates to the disposal, loss or destruction”, substitute “termination value relates to the disposal or destruction”.

232

Subsection 73A(4)

Omit “of the consideration”, substitute “of the termination value”.

233

Subsection 73A(6)

Insert:
termination value has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

234

Subsection 73B(1AA)

Omit “, 73CA and 73D”, substitute “and 73CA”.
235
Subsection 73B(1) (paragraph (d) of the definition of aggregate research and development amount)
Omit “Division 10D of this Part, or”.

236

Subsection 73B(1) (definition of associate)

Omit “26AAB”, substitute “318”.

237

Paragraph 73B(2C)(c)

Omit “, petroleum”.

238

Paragraphs 73B(3A)(c) and (d)

Omit “, 73CA and 73D”, substitute “and 73CA”.

239

Paragraph 73B(3A)(da)

Omit “subsections 73C(2A) and 73D(2A) do”, substitute “subsection 73CA(2A) does”.

240

Paragraph 73B(3A)(f)

Omit “, 73CA and 73D”, substitute “and 73CA”.

241

Subsection 73B(4)

Repeal the subsection, substitute:
(4)
Subject to subsection (5), if, during a year of income:
(a)
an eligible company commences to use a unit of plant exclusively for the purpose of the carrying on by or on behalf of the company of research and development activities; and
(b)
the eligible company has incurred an amount of plant expenditure in respect of the unit;
that amount is, in relation to the unit, taken to be an amount of qualifying plant expenditure in relation to the company in relation to the year of income and each of the 2 succeeding years of income.

242

Subsection 73B(5)

Repeal the subsection, substitute:
(5)
If:
(a)
apart from this subsection, there would be an amount of qualifying plant expenditure in relation to a unit of plant owned by an eligible company in relation to a year of income; and
(b)
at any time during the year of income, the company ceases to use that unit of plant exclusively for the purpose of the carrying on by or on behalf of the company of research and development activities;
there is no amount of qualifying plant expenditure in relation to that unit of plant in relation to the year of income or any succeeding year of income.

243

Subsection 73B(5A)

Repeal the subsection, substitute:
(5A)
This section does not apply to expenditure incurred by an eligible company in the acquisition or construction of a building or of an extension, alteration or improvement to a building.

244

Subsection 73B(17A)

Omit “, (15) or (17)”, substitute “or (15)”.

245

Subsection 73B(20)

Omit “, (22), (28) and (30)”, substitute “and (22)”.

246

Paragraphs 73B(23)(d), (24)(d) and (24B)(d)

Before “section”, insert “former”.

247

Paragraph 73B(27)(a)

Before “subsection”, insert “former”.

248

Paragraph 73B(27)(b)

Repeal the paragraph, substitute:
(b)
the company sells or otherwise disposes of the building, extension, alteration or improvement more than 5 years after the day on which it began to use the building, extension, alteration or improvement exclusively for the purpose of the carrying on by or on behalf of the company of research and development activities;

249

Paragraph 73B(27)(c)

Before “Division 10D” (wherever occurring), insert “former”.

250

Paragraph 73B(31)(a)

Omit “, a building or an extension, alteration or improvement to a building”.

251

Paragraph 73CA(2)(a)

Omit “and section 73D”.

252

Paragraph 73E(1)(c)

Before “section”, insert “the former”.

253

Subsection 73E(10)

Omit “, 73CB or 73D”, substitute “or 73CB”.

254

Subsection 82(2)

Omit “(2)”.

255

Subsection 82(2)

Omit “or has been allowed or is allowable as a deduction in assessments under the previous Act”.

256

Subsection 82AAC(3) (definition of associate)

Omit “26AAB”, substitute “318”.

257

Subparagraph 82AAD(3)(a)(ii)

Omit “subsection 26AAB(14)”, substitute “section 318”.

258

Subsection 82AAF(4) (definition of associate)

Omit “26AAB”, substitute “318”.

259

Subsection 82AAQ(1)

Omit “or the previous Act”.
260
Subsection 82KH(1) (paragraph (o) of the definition of relevant expenditure)
Omit “or section 64 of this Act”.

261

Paragraph 82KH(1AB)(b)

Before “section”, insert “former”.

262

Paragraph 82KZM(1)(c)

Omit “section 51,”, substitute “former section 51 or section”.

263

Paragraphs 82KZN(c) and 82KZO(c)

Before “section 51”, insert “former”.

264

Subsection 82P(2)

Omit “subparagraphs 82S(1)(d)(ii) and”, substitute “subparagraph”.

265

Subsections 82R(1) and 82T(1)

Omit “sections 82S and”, substitute “section”.

266

Subsection 95(1) (definition of net income)

Omit “Division 16C or”.

267

Subparagraph 97(3)(c)(i)

Omit “section 23 of this Act or”.

268

Paragraph 97A(1)(b)

Omit “the owner of a current IED scheme deposit or”.

269

Paragraph 97A(1)(c)

Omit “an eligible primary producer or a primary producer, as the case requires,”, substitute “a primary producer”.

270

Paragraph 97A(1A)(b)

Omit “the owner of a current IED scheme deposit or”.

271

Paragraph 97A(1A)(c)

Omit “an eligible primary producer or a primary producer, as the case requires,”, substitute “a primary producer”.

272

Paragraph 97A(1A)(c)

Omit “business of primary production”, substitute “primary production business”.

273

Section 102AAB

Insert:
base interest rate for a day has the same meaning as in section 8AAD of the Taxation Administration Act 1953.
274
Section 102AAB (definition of depreciation provision)
Repeal the definition, substitute:
depreciation provision means:
(a)
any provision of Division 40 of the Income Tax Assessment Act 1997 (other than Subdivision 40‑E); or
(b)
any provision of Division 43 of that Act.
275
Section 102AAB (paragraphs (a) and (b) of the definition of weighted statutory interest rate)
Omit “basic statutory” (wherever occurring), substitute “base”.

276

Subsection 102AAE(2)

Omit “section 23 of this Act or”.

277

Subsection 102AAK(11)

Omit “(other than section 102AAN)”.

278

Paragraph 102AAM(1)(c)

Omit “so much of the distributed amount as is not a rebatable section 99B amount for the purposes of section 102AAN”, substitute “the distributed amount”.

279

Paragraph 102AAM(5)(b)

Repeal the paragraph, substitute:
(b)
at the base interest rate.

280

Paragraph 102AAM(6)(d)

Repeal the paragraph, substitute:
(d)
so much of the tax payable in respect of the year of income as is attributable to the aggregate of the principal amounts (ignoring any tax offset under Part 3‑6 of the Income Tax Assessment Act 1997).

281

Subsection 102AAM(12)

Omit “an instalment taxpayer (as defined in subsection 221AZK(1)) or”.

282

Paragraph 102AAM(13A)(a)

Omit “an instalment taxpayer (as defined in subsection 221AZK(1)) or”.

283

Paragraph 102AAM(13A)(c) (note)

Omit “and paragraph 221AZS(c)”.

284

Subsection 102AAM(14)

Omit “170AA, 172, 174, 204, 205, 206, 208, 209, 214, 215, 216, 254, 255, 258 and 259, and Division 1C of Part VI”, substitute “172, 174, 204, 254 and 255”.

285

Subsection 102AAW(1)

Omit “38 to 43 (inclusive),”.

286

Paragraph 102AAZBA(d)

Omit “subsection 160M(9) or (10) of this Act, or section 104‑170 of the Income Tax Assessment Act 1997 (CGT event I2),”, substitute “section 104‑170 of the Income Tax Assessment Act 1997 (CGT event I2)”.

287

Paragraph 102AF(1)(a)

Omit “within the meaning of subsection 221A(1)”.

288

Subsection 102A(1) (definition of associate)

Omit “subsection 26AAB(14)”, substitute “section 318”.

289

Subsection 102L(2)

Omit “45Z, 46, 46A, 46B, 46C, 46E and 46F”, substitute “46A, 46B, and 46E”.

290

Paragraphs 102L(2)(a) and (b)

Omit “46 or”.

291

Subsection 102L(6)

Omit “or Division 1A of Part VI (other than subsection 221AA(1) or section 221AC)”.

292

Subsection 102L(10)

Omit “, section 128B or Division 4 of Part VI (other than subsection 221YK(2))”, substitute “or section 128B”.

293

Subsection 102L(11)

Omit “128B or Division 4 of Part VI (other than subsection 221YK(2))”, substitute “section 128B”.

294

Subsection 102T(2)

Omit “45Z, 46, 46A, 46B, 46C, 46E and 46F”, substitute “46A, 46B, and 46E”.

295

Paragraphs 102T(2)(a) and (b)

Omit “46 or”.

296

Subsection 102T(7)

Omit “or Division 1A of Part VI (other than subsection 221AA(1) or section 221AC)”.

297

Subsection 102T(11)

Omit “paragraph 23(jb), subsection 44(1), section 128B or Division 4 of Part VI (other than subsection 221YK(2))”, substitute “subsection 44(1) or section 128B”.

298

Subsection 102T(12)

Omit “in paragraph 23(jb), subsection 44(1), section 128A or 128B or Division 4 of Part VI (other than subsection 221YK(2))”, substitute “44(1), or in section 128A or 128B,”.

299

Subsection 103A(5A)

Repeal the subsection, substitute:
(5A)
The Commissioner may, under subsection (5), form an opinion that it is reasonable that a company should be treated as a public company for the purposes of subsection (1) in relation to a year of income notwithstanding that the forming of such an opinion by the Commissioner would impose on the company a liability to pay a greater amount of income tax than the company would otherwise be liable to pay.

300

Subsection 108(1)

Omit “and Division 4 of Part VI”.

301

Subparagraph 108(3)(c)(ii)

Omit “26AAB”, substitute “318”.

302

Paragraph 109(1)(d)

Omit “and Division 4 of Part VI”.

303

Subparagraph 109(2)(b)(ii)

Omit “26AAB”, substitute “318”.
304
Section 121AS (table item 5, column headed “Event”)
Before “Part IIIA” (wherever occurring), insert “former”.
Note: The heading to section 121AS is amended by omitting “Part IIIA” and substituting “CGT”.

305

Subsection 121G(10)

Repeal the subsection, substitute:
(10)
For the purposes of the application of subsection (8), a reference to a deduction that is allowable in calculating the net income of a partnership does not include a reference to a deduction allowable to the partnership in respect of expenditure taken under sections 70‑90 and 70‑95 and subsection 70‑100(3) of the Income Tax Assessment Act 1997 to have been incurred in the acquisition of trading stock by the partnership.

306

Subsection 124K(1) (definition of film)

Repeal the definition, substitute:
film has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
307
Subsection 124K(1) (definition of Senior Executive Service office)
Repeal the definition, substitute:
Senior Executive Service office has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
308
Subsection 124K(1) (subparagraph (a)(iv) of the definition of unit of industrial property)
Omit “patent, copyright or design”, substitute “copyright”.

309

Paragraph 124K(2)(a)

Omit “of the previous Act or”.

310

Subparagraph 124K(2)(b)(iv)

Omit “paragraph 124ZAF(1)(c) or”, substitute “former paragraph 124ZAF(1)(c) or paragraph”.

311

Paragraph 124KA(1)(b)

Omit “section 124ZAF or”, substitute “former section 124ZAF or section”.
Note: The heading to section 124KA is altered by omitting “section 124ZAF or 124ZAFA” and substituting “former section 124ZAF or section 124ZAFA”.

312

Paragraph 124L(1)(a)

Repeal the paragraph, substitute:
(a)
became the owner of the unit by reason of being the first owner of the copyright to which the unit relates and, before the unit came into existence, incurred expenditure of a capital nature directly in relation to producing the work or other subject‑matter in which the copyright subsists; or

313

At the end of paragraph 124L(1)(b)

Add “or”.

314

Paragraph 124N(2)(a)

Omit “patent or copyright, or the registration of the design,”, substitute “copyright”.

315

Paragraph 124N(2)(b)

Omit “patent, copyright or design”, substitute “copyright”.

316

Paragraph 124R(2)(b)

Omit “devising the invention, producing the work or other subject‑matter in which the copyright subsists or producing the design, as the case may be,”, substitute “producing the work or other subject‑matter in which the copyright subsists”.

317

Subsection 124S(2)

Omit “patent, copyright or design, as the case may be,”, substitute “copyright”.

318

Subsections 124V(1), (2) and (3)

Omit “patent, copyright or design”, substitute “copyright”.

319

Paragraph 124WA(1)(c)

Omit “section 124ZAF or”, substitute “former section 124ZAF or section”.
Note: The heading to section 124WA is amended by omitting “section 124ZAF or” and substituting “former section 124ZAF or section”.

320

Subsection 124WA(7)

Omit “section 124ZAF or”, substitute “former section 124ZAF or section”.

321

Section 124Y

Omit “patent, copyright or design”, substitute “copyright”.
322
Subsection 124ZAA(1) (definition of feature film)
Repeal the definition, substitute:
feature film has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

323

Subsection 124ZAA(1) (definition of film)

Repeal the definition, substitute:
film has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

324

Paragraph 124ZAA(7)(b)

Before “paragraph”, insert “former”.

325

Paragraph 124ZAA(7)(c)

Omit “paragraph 221ZN(1)(a), being an amount to which subsection 221ZN(4) applies”, substitute “former paragraph 221ZN(1)(a), being an amount to which former subsection 221ZN(4) applied”.

326

Subsection 124ZAE(2)

Omit “sections 124ZAF and”, substitute “section”.

327

Paragraph 124ZAO(1)(a)

Omit “124ZAF or”.

328

Paragraph 124ZAO(2)(b)

Omit “, but for section 23H,”.

329

Section 124ZM

Repeal the section, substitute:

124ZMTreatment distributions to shareholders in PDF

Unfranked part of distribution exempt from income tax
(1)
If a company makes a distribution to a shareholder at a time when the company is a PDF, the unfranked part of the distribution is exempt from income tax.
Rest of section deals with franked part
(2)
The rest of this section applies to the franked part of the distribution.
Usual case
(3)
Subsection (4) applies if the assessable income of a year of income of a taxpayer who or that is:
(a)
a company or a natural person (other than a company or natural person in the capacity of a trustee); or
(b)
a corporate unit trust in relation to that year of income; or
(c)
a public trading trust in relation to that year of income; or
(d)
an eligible entity within the meaning of Part IX in relation to that year of income;
would (apart from subsection (4)) include:
(e)
the franked part of the distribution; or
(f)
any of the franked part of the distribution that flows indirectly to the taxpayer.
This subsection does not apply to cases dealt with in subsections (5) and (6).
(4)
Subject to subsection (7), the following is exempt income of the taxpayer:
(a)
if paragraph (3)(e) applies—the franked part;
(b)
if paragraph (3)(f) applies—so much of the franked part of the distribution as flows indirectly to the taxpayer.
Taxpayers who qualify for venture capital franking tax offset
(5)
If a taxpayer (other than a life assurance company) is entitled to a tax offset in relation to the distribution under section 210‑170 of the Income Tax Assessment Act 1997, then:
(a)
so much of the franked part of the distribution as equals the part of the distribution that is franked with a venture capital credit is exempt income of the taxpayer; and
(b)
if the franked part exceeds the amount so exempt—the excess is, subject to subsection (7), exempt income of the taxpayer.
(6)
If a life assurance company is entitled to a tax offset in relation to the distribution under section 210‑170 of the Income Tax Assessment Act 1997, then:
(a)
so much of the franked part of the distribution as equals the amount worked out using the following formula is exempt income of the life assurance company:
where:
complying superannuation class of taxable income is the life assurance company’s complying superannuation class of taxable income, within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997, for the year of income in which the distribution is made.
venture capital franked part is the part of the distribution that is franked with a venture capital credit.
total income is the life assurance company’s assessable income for the year of income in which the distribution is made; and
(b)
if the franked part exceeds the amount so exempt—the excess is, subject to subsection (7), exempt income of the life assurance company.
No exemption if return prepared on basis that amount assessable
(7)
Subsection (4) and paragraphs (5)(b) and (6)(b) do not exempt, and are taken never to have exempted, an amount if the taxpayer’s return of income of the year of income is prepared on the basis that the amount is included in the taxpayer’s assessable income of that year.
Where partner entitled to deduction for amount flowing indirectly
(8)
If:
(a)
any of the franked part of the distribution flows indirectly to a taxpayer who is a partner in a partnership; and
(b)
apart from this subsection, the amount that flows indirectly would be allowable as a deduction from the taxpayer’s assessable income of a year of income; and
(c)
the taxpayer is of a kind mentioned in any of paragraphs (3)(a) to (d);
the amount that flows indirectly is not allowable as a deduction from that assessable income.
(9)
Subsection (8) does not prevent, and is taken never to have prevented, an amount from being allowable as a deduction if the taxpayer’s return of income of the year of income is prepared on the basis that the amount is so allowable.
Where trustee assessed on amount flowing indirectly
(10)
If:
(a)
any of the franked part of the distribution flows indirectly to the trustee of a trust estate; and
(b)
apart from this subsection, the trustee would be liable under section 98, 99 or 99A to be assessed and pay tax on the amount that flows indirectly;
the trustee is not liable under that section to be assessed and to pay tax on the amount that flows indirectly.
(11)
Subsection (10) does not prevent, and is taken never to have prevented, the trustee from being liable under that section to be assessed and to pay tax on an amount if the trustee elects to be so liable.
(12)
An election must be made in the trustee’s return of income of the trust estate for the year of income concerned.
Interpretation
(13)
In this section:
flows indirectly has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
part of a distribution that is franked with a venture capital credit has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

330

Paragraph 126(1)(c)

Omit “, 128G, 128GA”.

331

Paragraph 128AAA(2)(ba)

Omit “128FA; and”, substitute “128FA.”.

332

Subsection 128A(1A)

Omit “and 128NA:”, substitute “, 128NA and 128NBA:”.

333

Subsection 128A(4)

Repeal the subsection, substitute:
(4)
In section 260, income tax or tax includes withholding tax.

334

Paragraph 128A(1A)(c)

Omit “and 128NA”, substitute “, 128NA and 128NBA”.

335

Subparagraph 128B(3)(a)(i)

Omit “paragraph 23(jb) of this Act or”.

336

Subparagraph 128B(3)(h)(iv)

Omit “specified in section 128E or to which section 128EA, 128F, 128FA, 128G, 128GA or 128GB”, substitute “to which section 128EA, 128F, 128FA or 128GB”.

337

After paragraph 128B(3)(j)

Insert:
(jb)
income that:
(i)
is derived by a non‑resident that is a foreign superannuation fund; and
(ii)
consists of interest, or consists of dividends or non‑share dividends paid by a company that is a resident; and
(iii)
is exempt from income tax in the country in which the non‑resident resides; or

338

Subparagraph 128B(3A)(b)(ii)

Omit “finance”, substitute “financing”.

339

Subsection 128B(3B)

Insert:
financing arrangement has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

340

Paragraph 128B(9C)(c)

Omit “or section 128E”.

341

Paragraph 128B(9C)(d)

Omit “subsection 221YS(1) of this Act, or section 18‑30 in Schedule 1 to the Taxation Administration Act 1953,” substitute “section 18‑30 in Schedule 1 to the Taxation Administration Act 1953”.

342

Subsection 128C(1)

Omit “or of such further period as the Commissioner, in special circumstances, allows”.

343

Section 128D

After “128B(3)(ga)”, insert “or (jb)”.

344

Section 128D

Omit “, section 128G, section 128GA”.

345

After section 128NB

Insert:

128NBACredits in respect of amounts assessed under Division 16E of Part III

When section applies
(1)
This section applies if:
(a)
the amount of any withholding tax that has become payable by a taxpayer on a payment of interest under, or in relation to the transfer of, a qualifying security has been paid; and
(b)
there is a net Division 16E amount (see subsection (5)) in relation to the taxpayer in relation to:
(i)
if the payment of interest is a payment in relation to the transfer of the qualifying security—the security; or
(ii)
if the payment of interest is such a payment by virtue of the application of section 128AC in relation to an attributable agreement payment within the meaning of that section—the attributable agreement payment; or
(iii)
in any other case—the payment of interest; and
(c)
the amount of the withholding tax payable on the interest exceeds the amount that would have been payable on the interest if the interest were reduced by the net Division 16E amount.
Entitlement to apply for credit
(2)
The taxpayer may apply to the Commissioner for a credit of an amount equal to the excess.
Requirements for application
(3)
The application must be in the approved form.
Entitlement to credit
(4)
If the Commissioner is satisfied as to the matters mentioned in paragraphs (1)(a), (b) and (c), the applicant is entitled to a credit of an amount equal to the excess.
Net Division 16E amount
(5)
For the purposes of this section, if:
(a)
the sum of all amounts (if any) included in the assessable income of the taxpayer of any years of income in relation to the qualifying security, attributable agreement payment or payment of interest under section 159GQ;
exceeds:
(b)
the sum of all amounts (if any) allowable as deductions from the assessable income of the taxpayer of any years of income in relation to the security or the payment, as the case may be, under that section;
there is a net Division 16E amount equal to the excess.
346
Subsection 128U(1) (paragraph (b) of the definition of minerals)
After “petroleum”, insert “(within the meaning of the Income Tax Assessment Act 1997)”.

347

Subsections 128U(2) and (3)

Repeal the subsections, substitute:
(2)
In section 260, income tax or tax includes mining withholding tax.
(3)
For the purposes of this Division, a mining payment is taken to include any amount that has been, or purports to have been, withheld from the mining payment for the purposes of section 12‑320 in Schedule 1 to the Taxation Administration Act 1953.

348

Section 139DE

Omit “and paragraph 26(e)”, substitute “of this Act and section 15‑2 of the Income Tax Assessment Act 1997”.
Note: The heading to section 139DE is altered by omitting “section 21A or paragraph 26(e)” and substituting “other provisions”.

349

Subsection 139GA(1)

Repeal the subsection, substitute:
(1)
The expression employee means:
(a)
a person who receives, or is entitled to receive, work and income support related withholding payments and benefits; or
(b)
a person who is engaged in foreign service.

350

Subsection 139GA(3)

Repeal the subsection, substitute:
(3)
The expression employer means:
(a)
in the case of an unincorporate body of persons other than a partnership—the manager or other principal officer of that body; and
(b)
in the case of a partnership—each partner; and
(c)
an Australian government agency as defined in subsection 995‑1(1) of the Income Tax Assessment Act 1997; and
(d)
a person who is engaged in foreign service.

351

Section 139GE

Repeal the section, substitute:

139GEMeaning of associate

The expression associate has the same meaning as it would have in section 318 if references in that section to subsection (1) included a reference to subsection (1A) and the following subsection were inserted before subsection (1):
(1A)
For the purposes of this Part, if an entity holds (whether directly or indirectly through one or more interposed companies, partnerships or trusts) a share in a company, or a right to acquire a share in a company, the company is an associate of the entity.

352

Section 140C (definition of associate)

Omit “26AAB”, substitute “318”.
353
Section 140C (paragraph (a) of the definition of payer)
Before “subsection” (wherever occurring), insert “former”.

354

Subsection 140M(6)

Before “subsection 160ZZPZE(4)”, insert “former”.

355

Paragraph 140N(4)(a)

Before “subsection 160ZZPZE(4)”, insert “former”.

356

Subsection 140P(3)

Before “subsection 160ZZPZE(4)”, insert “former”.

357

Section 140ZJA

Before “subsection 160ZZPZE(4)”, insert “former”.

358

Subparagraph 149A(1)(b)(ii)

Omit “an abnormal income amount as specified in section 158L”, substitute “above‑average special professional income within the meaning of the Income Tax Assessment Act 1997”.
359
Subsection 156(1) (definition of assessable primary production income)
Omit “business of primary production” (wherever occurring), substitute “primary production business”.
360
Subsection 156(6) (definition of assessable primary production income)
Omit “business of primary production” (wherever occurring), substitute “primary production business”.

361

Subsections 157(2) and (3)

Omit “business of primary production”, substitute “primary production business”.

362

Subsection 159GE(1) (definition of associate)

Repeal the definition, substitute:
associate means, in relation to a person other than an exempt public body, any person who is an associate, within the meaning of section 318, in relation to the person or, in relation to an exempt public body:
(a)
a partner of the exempt public body or a partnership in which the exempt public body is a partner; or
(b)
if a partner of the exempt public body is a natural person otherwise than in the capacity of trustee—the spouse or a child of that partner; or
(c)
a trustee of a trust where the exempt public body, or another entity that is an associate of the exempt public body because of paragraph (a), (b) or (d), benefits under the trust; or
(d)
a company where:
(i)
the company is sufficiently influenced by:
(A)
the exempt public body; or
(B)
another entity that is an associate of the exempt public body because of paragraph (a), (b) or (c); or
(C)
another company that is an associate of the exempt public body because of another application of this paragraph; or
(D)
2 or more entities covered by the preceding sub‑subparagraphs; or
(ii)
a majority voting interest in the company is held by:
(A)
the exempt public body; or
(B)
the entities that are associates of the primary entity because of subparagraph (i) of this paragraph and paragraphs (a), (b) and (c); or
(C)
the exempt public body and the entities that are associates of the exempt public body because of subparagraph (i) of this paragraph and because of paragraphs (a), (b) and (c).
Subsections 318(6) and (7) apply for the purposes of paragraphs (a) to (d) in the same way as those subsections apply for the purposes of section 318.
363
Subsection 159GE(1) (paragraph (a) of the definition of capital expenditure deduction)
Before “Division”, insert “the former”.
364
Subsection 159GE(1) (paragraph (a) of the definition of Division 10, 10AA or 10A property)
Before “Division”, insert “the former”.
365
Subsection 159GE(1) (paragraph (b) of the definition of Division 10, 10AA or 10A property)
Before “paragraph”, insert “the former”.
366
Subsection 159GE(1) (paragraph (c) of the definition of Division 10, 10AA or 10A property)
Before “subsection”, insert “the former”.
367
Subsection 159GE(1) (definition of Division 10AAA property)
Before “Division 10AAA of this Part”, insert “the former”.
368
Subsection 159GE(1) (definition of Division 10C or 10D property)
Before “Division 10C or 10D or for which”, insert “the former”.
369
Subsection 159GE(1) (paragraph (a) of the definition of eligible amount)
Repeal the paragraph, substitute:
(a)
where the item is an item of eligible depreciation property—the amount that:
(i)
was the cost of the item of property within the meaning of Division 40, or the former Division 42, of the Income Tax Assessment Act 1997 to the taxpayer who holds it; or
(ii)
would have been the cost of the item of property to the taxpayer for the purposes of that Division if that Division had applied in relation to the item of property; and
370
Subsection 159GE(1) (paragraph (a) of the definition of eligible depreciation property)
Before “section”, insert “ the former”.

371

Paragraphs 159GF(3)(a) to (e)

Before “Division”, insert “the former”.

372

Subsection 159GF(4)

Before “Division 10AAA of this Part”, insert “the former”.

373

Subsection 159GF(5)

Before “Division 10C or 10D of this Part”, insert “the former”.

374

Sub‑subparagraph 159GJ(1)(c)(iii)(C)

Before “paragraph 56(1)(a)”, insert “the former”.

375

Sub‑subparagraph 159GJ(1)(c)(iii)(C)

Omit “Division 3 of this Part”, substitute “the former section 62 of this Act”.

376

Subparagraph 159GJ(2)(a)(iii)

Omit “or” (last occurring).

377

Subparagraph 159GJ(2)(c)(iii)

Omit “or” (last occurring).

378

Paragraph 159GJ(3)(a)

Repeal the paragraph, substitute:
(a)
no deduction is allowable to any taxpayer under section 40‑830 of the Income Tax Assessment Act 1997 for a project amount that is transport capital expenditure within the meaning of that Act in relation to any amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10AAA property for any year of income in which the whole or a part of the application period occurs; and

379

Paragraph 159GJ(3)(c)

Repeal the paragraph, substitute:
(c)
for the purposes of the application of section 40‑830 of the Income Tax Assessment Act 1997, for a project amount that is transport capital expenditure within the meaning of that Act, in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10AAA property for any year of income after the year of income in which this Division ceases to apply—it is taken to be a requirement of that section that the deduction allowable under that section in respect of the amount of expenditure does not exceed the residual amount in relation to the amount of expenditure as worked out in accordance with paragraph (b).

380

Paragraph 159GJ(4)(a)

Omit “under Division 10C or 10D of this Part, or”.

381

Subparagraph 159GJ(4)(b)(i)

Omit “Division 10C or 10D, of this Part, or under Division 43 of the Income Tax Assessment Act 1997, as appropriate”, substitute “Division 43 of the Income Tax Assessment Act 1997”.

43
Section 31 (paragraphs (a) and (b) of the definition of tax)
Repeal the paragraphs.

Consular Privileges and Immunities Act 1972

Sections 8 and 8A

Repeal the sections.

Crimes (Taxation Offences) Act 1980

45
Subsection 3(1) (definition of Australian installation)
Repeal the definition, substitute:
Australian installation means an installation (within the meaning of the Customs Act 1901) that is deemed by section 5C of the Customs Act 1901 to be part of Australia.

Subsection 3(1) (definition of old sales tax)

Repeal the definition.
47
Subsection 3(1) (definition of Sales Tax Assessment Acts)
Repeal the definition.
48
Subsection 3(1) (definition of Training Guarantee (Administration) Act)
Repeal the definition.
49
Subsection 3(1) (definition of training guarantee charge)
Repeal the definition.

Paragraph 3(2)(a)

Omit “old sales tax” (wherever occurring), substitute “income tax”.

Paragraph 3(2)(b)

Omit “future old sales tax”, substitute “future income tax”.

Subparagraphs 3(2)(b)(i) and (ii)

Omit “the old sales tax”, substitute “the income tax”.

Sub‑subparagraph 3(2)(b)(ii)(B)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Paragraph 3(2)(c)

Omit “old sales tax moneys”, substitute “income tax moneys”.

Subparagraph 3(2)(c)(i)

Omit “the old sales tax”, substitute “the income tax”.

Subparagraph 3(2)(c)(ii)

Omit “further sales tax”, substitute “further income tax”.

Subparagraphs 3(2)(c)(ii), (iii) and (iv)

Omit “any of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Subparagraph 3(2)(c)(v)

Omit “old sales tax, further sales tax”, substitute “income tax, further income tax”.

Subsection 3(3)

Omit “old sales tax” (wherever occurring), substitute “income tax”.

Paragraph 3(4)(e)

Omit “old sales tax” (wherever occurring), substitute “income tax”.

Subsection 3(5)

Omit “old sales tax” (wherever occurring), substitute “income tax”.

Subsections 4(2), (2A) and (3)

Repeal the subsections.

Part II (heading)

Repeal the heading (not including the note), substitute:

Part II—Offences relating to income tax

64
Part II (paragraphs (a), (b) and (e) of note to heading)
Repeal the paragraphs.

Subsection 5(1)

Omit “old sales tax”, substitute “income tax”.

Paragraphs 5(2)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

Subsection 6(1)

Omit “old sales tax”, substitute “income tax”.

Paragraphs 6(2)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

Subsection 7(1)

Omit “old sales tax”, substitute “income tax”.

Paragraphs 7(2)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

Paragraph 8(a)

Omit “old sales tax”, substitute “income tax”.

Sub‑subparagraph 8(b)(i)(A)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Subparagraph 8(b)(ii)

Omit “old sales tax”, substitute “income tax”.

Subparagraph 8(b)(iii)

Omit “if old sales tax”, substitute “if income tax”.

Subparagraph 8(b)(iii)

Omit “when the old sales tax”, substitute “when the income tax”.

Sub‑subparagraphs 8(b)(iii)(A), (B) and (C)

Omit “old sales tax”, substitute “income tax”.

Sub‑subparagraph 8(b)(iii)(C)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Paragraph 8(c)

Omit “old sales tax”, substitute “income tax”.

Subsection 10(1)

Omit “old sales tax”, substitute “income tax”.

Paragraph 10(2)(a)

Omit “old sales tax”, substitute “income tax”.

Paragraph 10(2)(b)

Omit “some one or other of the Sales Tax Assessment Acts, that the old sales tax moneys, or part of the old sales tax moneys”, substitute “the Income Tax Assessment Act, that the income tax moneys, or part of the income tax moneys”.

Subsection 10(2)

Omit “old sales tax moneys or the part of the old sales tax”, substitute “income tax moneys or the part of the income tax”.

Subsection 10(3)

Omit “old sales tax” (wherever occurring), substitute “income tax”.

Subsection 10(3)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Paragraph 11(1)(a)

Omit “old sales tax”, substitute “income tax”.

Paragraph 11(1)(a)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Paragraphs 11(1)(b), (c) and (d)

Omit “old sales tax”, substitute “income tax”.

Subsection 12(1)

Omit “old sales tax” (wherever occurring), substitute “income tax”.

Subsection 12(1)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Subsection 12(2)

Omit “to the old sales tax moneys”, substitute “to the income tax moneys”.

Paragraphs 12(2)(a) and (b)

Omit “old sales tax” (wherever occurring), substitute “income tax”.

Parts IIA and III

Repeal the Parts.

Paragraphs 14(1)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

Paragraph 14(1)(c)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Paragraph 14(1)(d)

Omit “old sales tax”, substitute “income tax”.

Paragraphs 15(1)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

Paragraph 15(1)(c)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

Paragraph 15(1)(d)

Omit “old sales tax”, substitute “income tax”.

Part VI

Repeal the Part.

100

Paragraphs 17(1)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

101

Paragraph 17(1)(c)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

102

Paragraph 17(1)(d)

Omit “old sales tax”, substitute “income tax”.

103

Paragraphs 18(1)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

104

Paragraph 18(1)(c)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

105

Paragraph 18(1)(d)

Omit “old sales tax”, substitute “income tax”.

106

Paragraphs 19(1)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

107

Paragraph 19(1)(c)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

108

Paragraph 19(1)(d)

Omit “old sales tax”, substitute “income tax”.

109

Paragraphs 20(1)(a) and (b)

Omit “old sales tax”, substitute “income tax”.

110

Paragraph 20(1)(c)

Omit “some one or other of the Sales Tax Assessment Acts”, substitute “the Income Tax Assessment Act”.

111

Paragraph 20(1)(d)

Omit “old sales tax”, substitute “income tax”.

Diplomatic Privileges and Immunities Act 1967

112

Sections 10 and 10A

Repeal the sections.

Freedom of Information Act 1982

113

Schedule 3

Omit “Debits Tax Administration Act 1982, subsection 7(2)”.

114

Schedule 3

Omit “Sales Tax Assessment Act (No. 1) 1930,subsection 10(2)”.

115

Schedule 3

Omit “Sales Tax Procedure Act 1934, subsection 4A(3)”.

116

Schedule 3

Omit “Sales Tax Assessment Act 1992, subsection 110(2)”.

117

Schedule 3

Omit “Tobacco Charges Assessment Act 1955, subsections 10(2) and (5)”.

118

Schedule 3

Omit “Wool Tax (Administration) Act 1964, subsections 8(2) and (5)”.

Fringe Benefits Tax Assessment Act 1986

119
Subsection 136(1) (subparagraph (a)(i) of the definition of cost price)
Repeal the subparagraph, substitute:
(i)
where the car was manufactured by the person—the amount for which the car could reasonably have been expected to have been sold by the person by wholesale under an arm’s length transaction at or about the time when the car was applied to the person’s own use; or
120
Subsection 136(1) (subparagraph (a)(iii) of the definition of cost price)
Omit “sales tax or”.
121
Subsection 136(1) (subparagraph (b)(i) of the definition of cost price)
Repeal the subparagraph, substitute:
(i)
where the accessory was manufactured by the person who held the car at the time of the fitting—the amount for which the accessory could reasonably have been expected to have been sold under an arm’s length transaction by the person by wholesale at or about the time when the accessory was applied to the person’s own use; and
122
Subsection 136(1) (subparagraph (b)(iii) of the definition of cost price)
Omit “sales tax or”.

123

Subsection 136(1) (definition of sales tax)

Repeal the definition.

Income Tax Assessment Act 1997

124

Section 17‑30

Repeal the section, substitute:

17‑30Special credits because of indirect tax transition

A special credit under section 19A of the A New Tax System (Goods and Services Tax Transition) Act 1999 is assessable income at the time it is attributed to a *tax period (for a credit under section 19A).
125
Subsection 995‑1(1) (paragraph (c) of the definition of BAS provisions)
Omit “system); and”, substitute “system).”.
126
Subsection 995‑1(1) (paragraph (e) of the definition of BAS provisions)
Repeal the paragraph.

International Organisations (Privileges and Immunities) Act 1963

127

Section 11A

Repeal the section.
128
At the end of paragraph 7(a) of Part I of the Third Schedule
Add “and”.
129
Paragraph 7(b) of Part I of the Third Schedule
Repeal the paragraph.

Overseas Missions (Privileges and Immunities) Act 1995

130

Paragraph 12(1)(a)

Repeal the paragraph.
Note: The heading to section 12 is altered by omitting “sales tax,”.

131

Subsection 12(2)

Omit “sales tax,”.

Primary Industries and Energy Research and Development Act 1989

132

Subsection 4(1) (definition of tobacco levy)

Repeal the definition.

133

Subsection 32(1)

Omit “Subject to subsection (3), where”, substitute “If”.

134

Subsection 32(3)

Repeal the subsection.

135

Subsection 110(1)

Omit “Subject to subsection (3), where”, substitute “If”.

136

Subsection 110(3)

Repeal the subsection.

Snowy Mountains Engineering Corporation Act 1970

137
Section 39M (paragraphs (a) and (b) of the definition of tax)
Repeal the paragraphs.

Special Broadcasting Service Act 1991

138

Section 68

Omit all the words after “Territory”.

Taxation Administration Act 1953

139
Subsection 8AAB(5) (table items 5 to 7, 21 and 22)
Repeal the items.

140

Subsection 8B(5)

Repeal the subsection.

141

Paragraph 8C(1)(c)

Repeal the paragraph.

142

Paragraphs 8J(2)(f), (g), (m), (n) and (na)

Repeal the paragraphs.

143

Paragraph 8J(2)(pa)

Omit “Act; or”, substitute “Act.”.

144

Paragraphs 8J(2)(q) to (r)

Repeal the paragraphs.
145
Section 14ZQ (definition of appealable objection decision)
Repeal the definition, substitute:
appealable objection decision means an objection decision other than one made on a taxation objection under section 14E of this Act.
146
Section 14ZQ (paragraphs (c) to (f) of the definition of delayed administration (beneficiary) objection)
Repeal the paragraphs.
147
Section 14ZQ (definition of ineligible sales tax remission decision)
Repeal the definition.
148
Section 14ZQ (definition of registration‑type sales tax decision)
Repeal the definition.
149
Section 14ZQ (definition of reviewable objection decision)
Repeal the definition, substitute:
reviewable objection decision means an objection decision that is not an ineligible income tax remission decision.
150
Section 14ZQ (definition of Sales Tax Assessment Act)
Repeal the definition.

151

Subsection 14ZR(2)

Omit all the words after paragraph (b), substitute:
and (c)
the objection decision is to any extent an ineligible income tax remission decision;
then, this Part has effect, in relation to any review or appeal, as if so much of the objection decision as consists of one or more ineligible income tax remission decisions were taken to be a separate objection decision.

152

Section 14ZT

Repeal the section.

153

Paragraph 14ZZB(1)(a)

Omit “(other than a reviewable objection decision that relates to a registration‑type sales tax decision)”.

154

Subsection 14ZZB(2)

Omit “(other than a reviewable objection decision that relates to a registration‑type sales tax decision)”.

155

Section 14ZZH

Repeal the section.

156

Sections 14ZZM and 14ZZR

Omit “(other than a registration‑type sales tax decision)”.
157
Section 250‑10(2) in Schedule 1 (table items 150 to 165)
Repeal the items.

Taxation (Interest on Overpayments and Early Payments) Act 1983

158
Subsection 3(1) (subparagraph (d)(ii) of the definition of decision to which this Act applies)
Omit “assessment; or”, substitute “assessment.”.
159
Subsection 3(1) (paragraph (e) of the definition of decision to which this Act applies)
Repeal the paragraph.

160

Subsection 3(1) (definition of objection)

Repeal the definition, substitute:
objection means a taxation objection within the meaning of Part IVC of the Taxation Administration Act 1953.

161

Subsection 3(4)

Repeal the subsection.
162
Section 3C (table items 100, 105, 115, 125, 130, 135 and 140 in the definition of relevant tax)
Repeal the items.

163

Section 12

Repeal the section.

Trade Practices Act 1974

164
Section 75AT (paragraph (a) of the definition of New Tax System changes)
After “of the”, insert “former”.
165
Section 75AT (paragraph (b) of the definition of New Tax System changes)
After “in the”, insert “former”.

Trans‑Tasman Mutual Recognition Act 1997

166

Paragraph 1(1)(c) of Part 1 of Schedule 1

Omit “wholesale sales tax (Commonwealth) and”.

167

Clause 5 of Part 2 of Schedule 1

Omit “Sales Tax Assessment Act 1992 of the Commonwealth”.

168

Clause 5 of Part 2 of Schedule 1

Omit “Sales Tax (Exemptions and Classifications) Act 1992 of the Commonwealth”.

Wool International Act 1993

169

Title

Omit “through payments of wool tax”.

170

Section 3

Omit “through payments of wool tax”.

171

Section 4 (definition of Administration Act)

Repeal the definition.

172

Section 4 (definition of carpet wool)

Repeal the definition.

173

Section 4 (definition of sale value)

Repeal the definition.

174

Section 4 (definition of wool tax)

Repeal the definition.

175

Section 4 (definition of Wool Tax Act)

Repeal the definition.

176

Part 7

Repeal the Part.

Wool Services Privatisation Act 2000

177

Section 7 (definition of wool tax)

Repeal the definition.

178

Paragraph 31(1)(a)

Omit “wool tax and”.

179

Subsections 31(5) and (6)

Repeal the subsections, substitute:
Overall limit on appropriation for category A payments
(5)
For category A payments, the total limit on the appropriation is the total amount of wool levy received by the Commonwealth. For this purpose, amounts received by the Commonwealth as penalties for late payment of wool levy are to be treated as amounts of wool levy.
Overall limit on appropriation for category B payments
(6)
For category B payments, the total limit on the appropriation is the total amount of wool levy received by the Commonwealth. For this purpose, amounts received by the Commonwealth as penalties for late payment of wool levy are not to be treated as amounts of wool levy.

Schedule 6Application and saving provisionsPart 1Application provisions

Application of Schedule 1 and 2 amendments

Except as mentioned in items 2 and 3, the repeals and amendments made by Schedules 1 and 2 apply:
(a)
so far as they affect assessments—to assessments for the 2006‑07 income year and all later income years; and
(b)
otherwise—to acts done or omitted to be done, or states of affairs existing, after the commencement of the repeals and amendments.
2
Application of Schedule 2 withholding tax amendments
The amendments made by items 337, 343 and 344 of Schedule 2 apply to income derived in the 2006‑07 income year and later income years.

Application of TFN withholding tax amendments

(1) The amendment made by item949 of Schedule 2 applies to payments made on or after the day on which this Act receives the Royal Assent.
(2) The repeal of Subdivision C of Division 3B of Part VI of the Income Tax Assessment Act 1936 by item 163 of Schedule 1 to this Act, and the insertion of section 14‑55 in Schedule 1 to the Taxation Administration Act 1953 by item 955 of Schedule 2 to this Act, apply to the 2006‑07 income year and later income years.
(3) The insertion of sections 14‑50, 14‑60, 14‑65, 14‑75 and 14‑85 in Schedule 1 to the Taxation Administration Act 1953 by item 955 of Schedule 2 to this Act applies to tax payable in accordance with former section 221YHZR of the Income Tax Assessment Act 1936 as if:
(a)
the tax were TFN withholding tax (payable under section 14‑55 in that Schedule); and
(b)
section 14‑55 in that Schedule applied to the income year in respect of which the tax is payable.

Application of Schedule 3 and 4 amendments

The repeals and amendments made by Schedules 3 and 4 apply:
(a)
so far as they affect assessments—to assessments for the 2007‑08 income year and all later income years; and
(b)
otherwise—to acts done or omitted to be done, or states of affairs existing, after the commencement of the amendments.

Application of Schedule 5 amendments

The repeals and amendments made by Schedule 5 apply to acts done or omitted to be done, or states of affairs existing, after the commencement of the amendments.

Part 2General saving provisions

Object

The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:
(a)
any act done or omitted to be done; or
(b)
any state of affairs existing; or
(c)
any period ending;
before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.
7
Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003):
(a)
making or amending an assessment (including under a provision that is itself repealed or amended);
(b)
exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
Example 1: On 31 July 1999, Greg Ltd lodged its annual return under former section 160ARE of the Income Tax Assessment Act 1936. The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998‑99 franking year. Under former section 160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.
Following an audit undertaken after the repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998‑99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.
The Commissioner can amend the assessment under former section 160ARN of that Act, because item 7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998‑99 franking year. Item 7 will also disregard the repeal of Division 11 of former Part IIIAA to the extent necessary for the Commissioner to assess Greg Ltd’s liability to a penalty by way of additional tax.
Despite the repeal of sections 160ARU and 160ARV, item 9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.
Item 7 will also preserve Greg Ltd’s right, under former section 160ART of that Act, to object against the Commissioner’s amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part IIIAA.
Example 2: During the 1997‑98 income year, Duffy Property Ltd withheld amounts from its employees’ wages as required by former Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act 1936. The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.
Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company’s records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section 222AGA of that Act, the Commissioner makes an estimate of the liability.

Item 7 will disregard the repeal of section 220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.
8
Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
9
Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty
If:
(a)
a provision or part of a provision that is repealed or amended by this Act provides for the payment of:
(i)
general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or
(ii)
interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and
(b)
in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
10
Repeals disregarded for the purposes of dependent provisions
If the operation of a provision (the subject provision) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
11
Schedule does not limit operation of section 8 of the Acts Interpretation Act 1901
This Schedule does not limit the operation of section 8 of the Acts Interpretation Act 1901.

Part 3Other saving provisions and transitional provisions

12
Continued operation of repealed section 215 of the Income Tax Assessment Act 1936
If, just before the repeal of section 215 of the Income Tax Assessment Act 1936 by Schedule 1 to this Act, that section applied to:
(a)
a liquidator of a company that was being wound up; or
(b)
a receiver for debenture holders who had taken possession of assets of a company; or
(c)
an agent for a non‑resident who had been required by the agent’s principal to wind up the business or realise the assets of the principal;
the section continues so to apply in spite of the repeal.
13
Continued operation of repealed sections 216 and 220 of the Income Tax Assessment Act 1936
If, just before the repeal of section 216 or 220 of the Income Tax Assessment Act 1936 by Schedule 1 to this Act, that section applied to a deceased taxpayer, the section continues so to apply in spite of the repeal.
14
Resolutions to which section 221B of the Income Tax Assessment Act 1936 applies
If a resolution to which section 221B of the Income Tax Assessment Act 1936 applied was in force just before the repeal of that section by Schedule 1 to this Act, section 446‑5 in Schedule 1 to the Taxation Administration Act 1953 (as inserted by item 970 of Schedule 2 to this Act) applies to the resolution after the repeal.
15
Extended operation of subsection 265‑45(2) in Schedule 1 to the Taxation Administration Act 1953
In addition to the operation that it has apart from this item, subsection 265‑45(2) in Schedule 1 to the Taxation Administration Act 1953 also applies to an amount of a liability (within the meaning of that subsection) that a person pays after the repeal of section 259 of the Income Tax Assessment Act 1936 by item 166 of Schedule 1 to this Act, if the liability arose before 1 July 2000.

Notes to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

Note 1

The Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 as shown in this compilation comprises Act No. 101, 2006 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006	101, 2006	14 Sept 2006	Schedules 3 and 4: 1 Jan 2008 Remainder: Royal Assent
Tax Laws Amendment (2006 Measures No. 7) Act 2007	55, 2007	12 Apr 2007	Schedule 4 (item 5): Royal Assent	—
Tax Laws Amendment (2007 Measures No. 2) Act 2007	78, 2007	21 June 2007	Schedule 5 (item 9): Royal Assent	—
Tax Laws Amendment (2009 Measures No. 2) Act 2009	42, 2009	23 June 2009	Schedule 5 (items 13, 14): (a)	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Schedule 2 (item 28): Royal Assent Schedule 2 (item 29): (b)	—
Tax Laws Amendment (2011 Measures No. 2) Act 2011	41, 2011	27 June 2011	Schedule 5 (items 55, 56): (c)	Sch. 5 (item 56)

(a) Subsection 2(1) (item 11) of the Tax Laws Amendment (2009 Measures No. 2) Act 2009 provides as follows:
(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
11. Schedule 5, Part 2	Immediately before the commencement of Schedule 3 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.	1 January 2008

(b) Subsection 2(1) (item 25) of the Statute Law Revision Act 2010 provides as follows:
(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Provision(s)	Commencement	Date/Details
25. Schedule 2, item 29	Immediately after the time specified in the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 for the commencement of item 592 of Schedule 2 to that Act.	14 September 2006

Provision(s)

Commencement

Date/Details

25.

Schedule 2, item 29

Immediately after the time specified in the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 for the commencement of item 592 of Schedule 2 to that Act.

14 September 2006

(c) Subsection 2(1) (item 16) of the Tax Laws Amendment (2011 Measures No. 2) Act 2011 provides as follows:
(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Provision(s)	Commencement	Date/Details
16. Schedule 5, Part 6, Division 3	Immediately after the commencement of item 15 of Schedule 3 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.	1 January 2008

Provision(s)

Commencement

Date/Details

16.

Schedule 5, Part 6, Division 3

Immediately after the commencement of item 15 of Schedule 3 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.

1 January 2008

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 2
Item 564................................	rep. No. 8, 2010
Heading to item 592..............	am. No. 8, 2010
Schedule 3
Item 12..................................	am. No. 78, 2007
Item 13..................................	am. No. 55, 2007
Heading to item 14................	am. No. 42, 2009
Heading to item 15................	am. No. 42, 2009; No. 41, 2011

Table A

Application, saving or transitional provisions

Tax Laws Amendment (2011 Measures No. 2) Act 2011(No. 41, 2011)

Schedule 5

Effect of omission

To avoid doubt, item 15 of Schedule 3 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 is taken never to have repealed item 49A of the table in section 30‑105 of the Income Tax Assessment Act 1997.