Taxation Laws Amendment Act (No. 4) 1987 (Cth)
This compilation was prepared on 4 August 2010
taking into account amendments up to Act No. 75 of 2010
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
TABLE OF PROVISIONS
PART I - PRELIMINARY
Section
1. Short title [
2. Commencement [
PART II - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
5. Insertion of new section:
6E. Effect of issue, revocation etc. of notices under the
8. Repeal of sections 23F, 23FA and 23FB and substitution of new
sections:
23FC. Exemption of income of certain superannuation funds
23FD. Exemption of income of certain approved deposit funds
9. Assessable income to include value of benefits received from or in connection
10. Assessable income to include value of certain benefits received from or in
11. Insertion of new section:
26AFB. Assessable income to include value of benefits received from or in
connection with funds that have obtained tax benefits under
section 23FC
14. Notional income where assessable income includes consideration receivable
25. Insertion of new section:
121BA. Ineligible income of section 121CC funds
26. Repeal of sections 121C, 121CA, 121CB and 121CC and substitution of new
sections:
121CC. Assessment of investment income of certain ineligible
superannuation funds
Assessment of private company dividend income and non-arm's length
income of superannuation funds to which section 23FC applies
29. Insertion of new section:
121DAAA. Assessment of private company dividend income and non-arm's
length income of approved deposit funds to which section 23FD
applies
30. Repeal of section 121DAB and substitution of new section:
121DAB. Assessment of income of certain other ineligible superannuation
funds
31. Income of superannuation funds and approved deposit funds to be taxed
32. Repeal of section 121DC and substitution of new section:
121DC. Taxable income
38. Repeal of Division 16A of Part III and substitution of new Division:
158B. Interpretation
158C. Joint authors and joint inventors
158D. 'Year of income' includes a pre-commencement year of income
158E. Qualifying resident taxpayer
158F. Activities that do not result in taxpayers being treated as
eligible persons
158G. Artists, composers, inventors and writers rendering services to
others not to be treated as eligible persons unless engaged to
produce specified works etc.
158H. Eligible assessable income
158J. Eligible taxable income
158K. Average eligible taxable income
158L. Abnormal income
41. Insertion of new Division:
159GZA. Interpretation
159GZB. Assessable (non-resident partner) income and assessable
(non-resident beneficiary) income
159GZC. Associates
159GZD. Australian-owned non-resident company
159GZE. Foreign controller
159GZF. Foreign debt
159GZG. Foreign equity
159GZH. Indirect beneficial entitlements or interests
159GZI. Resident company group
159GZJ. Substantial control of voting power
159GZK. Effect of deemed section 128AC and 128AD interest payments
159GZL. Deemed recipient of certain subsection 128F (6) interest
159GZM. Adjustment of foreign equity product in certain cases involving
financial institutions
159GZN. Debt and equity where interposed partnerships and trusts
159GZO. Schemes involving debt owing to foreign controllers etc. through
intermediaries
159GZP. Schemes involving debt owing by foreign controllers etc. through
intermediaries
159GZQ. Equity borrowed from non-resident associates to be treated as debt
in certain cases
159GZR. Part year application of Division in certain circumstances
159GZS. Resident companies
159GZT. Resident company groups
159GZU. Partnerships
159GZV. Trust estates
159GZW. Foreign investors
159GZX. Effect of subsection 159GT (6) interest payments
PART III – AMENDMENT OF THE INCOME TAX RATES ACT 1986
PART IV - AMENDMENT OF THE OCCUPATIONAL SUPERANNUATION STANDARDS
ACT 1987
74. Insertion of new section:
15A. Application of Tax Act
PART V - AMENDMENT OF THE TAXATION ADMINISTRATION ACT 1953
82. Insertion of new section:
8AA. Application of Part to the
86. Certification by State taxation officer of copies of, and extracts from,
PART VI - AMENDMENT OF THE TAXATION LAWS AMENDMENT ACT (No. 3) 1987
PART VII - REPEAL OF ACTS
SCHEDULE 1
AMENDMENT OF SCHEDULES TO THE INCOME TAX RATES ACT 1986
SCHEDULE 2
REPEAL OF CERTAIN ACTS
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987 - LONG TITLE
An Act to amend the law relating to taxation
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 1
Short title [
1. This Act may be cited as the Taxation Laws Amendment Act (No. 4)
1987.
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 2
Commencement [
2. (1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
(2) Section 6 and Parts IV and V shall come into operation immediately after
the commencement of the Occupational Superannuation Standards Act 1987.
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 3
Principal Act
3. In this Part, "Principal Act" means the Income Tax Assessment Act
1936*1*.
*1* No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No.
5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69,
1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37,
1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48,
1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No.
43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65,
1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960;
Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46,
68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos.
19, 38, 76 and 85, 1967; Nos. 4, 70, 87 and 148, 1968; Nos. 18, 93 and 101,
1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972;
Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20,
1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143,
165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171
and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24,
57, 58, 124, 133, 134 and 159, 1980; Nos. 61, 92, 108, 109, 110, 111, 154 and
175, 1981; Nos. 29, 38, 39, 76, 80, 106 and 123, 1982; Nos. 14, 25, 39, 49,
51, 54 and 103, 1983; Nos. 14, 42, 47, 63, 76, 115, 124, 165 and 174, 1984;
No. 123, 1984 (as amended by No. 65, 1985); Nos. 47, 49, 104, 123 and 168,
1985; No. 173, 1985 (as amended by No. 49, 1986); Nos. 41, 46, 48, 49, 51, 52,
90, 109, 112 and 154, 1986; and Nos. 23, 58, 61 and 62, 1987.
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 4
Interpretation
4. Section 6 of the Principal Act is amended by inserting in subsection (1)
the following definitions in their respective appropriate alphabetical
positions (determined on a letter-by-letter basis):
" 'proclaimed superannuation standards day' means the day fixed by
Proclamation for the purposes of section 5 of the Occupatiional Superannuation
Standards Act 1987;
'superannuation fund' includes:
(a) a superannuation fund within the meaning of the Occupational
Superannuation Standards Act 1987; and
(b) a fund to which section 23FC applies in relation to the year
of income concerned;".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 5
5. After section 6D of the Principal Act the following section is inserted:
Effect of issue, revocation etc. of notices under the Occupational
Superannuation Standards Act 1987
"6E. (1) In this section:
'Standards Act notice' means a notice under section 12, 13, 14 or 15 of the
Occupational Superannuation Standards Act 1987.
"(2) For the purposes of this Act, where a Standards Act notice is given in
relation to a fund in relation to a year of income:
the notice shall be deemed to have been given at the beginning of the
year of income; and
if:
the notice is revoked; or
the decision to give the notice is set aside;
the notice shall be deemed never to have been given.
"(3) Nothing in section 170 prevents the amendment of an assessment at any
time for the purposes of giving effect to this section.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 6
Officers to observe secrecy
6. Section 16 of the Principal Act is amended by omitting paragraph (4) (hc)
and substituting the following paragraph:
the Insurance and Superannuation Commissioner, for the purpose of the
administration of the Occupational Superannuation Standards Act 1987 or of the
prosecution provisions within the meaning of that Act;".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 7
Exemptions
7. Section 23 of the Principal Act is amended by omitting paragraph (ja).
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 8
8. Sections 23F, 23FA and 23FB of the Principal Act are repealed and the
following sections are substituted:
Exemption of income of certain superannuation funds
"23FC. (1) Subject to this section, the income derived during a year of
income by a fund is exempt from income tax if:
the Insurance and Superannuation Commissioner has given a notice in
relation to the fund under section 12 of the Occupational Superannuation
Standards Act 1987 stating that the Insurance and Superannuation Commissioner
is satisfied that the fund satisfied the superannuation fund conditions in
relation to the year of income; or
the Insurance and Superannuation Commissioner has given a notice in
relation to the fund under section 13 of the Occupational Superannuation
Standards Act 1987 stating that the Insurance and Superannuation Commissioner
is satisfied that the fund should be treated as if it had satisfied the
superannuation fund conditions in relation to the year of income.
"(2) A dividend paid to a fund:
if the fund is a former paragraph 23 (ja) fund in relation to the year
of income of the fund in which the dividend was paid-in a year of income of
the fund and after 29 October 1987; or
in any other case-in a year of income of the fund; by a company that is
a private company in relation to the year of income of the company in which
the dividend was paid is not exempt from tax by virtue of subsection (1)
unless the Commissioner is of the opinion that it would be reasonable to
exempt the dividend from tax, having regard to:
the paid-up value of the shares in that company that are assets of the
fund;
the cost to the fund of the shares on which the dividend was paid by
the company;
the rate of the dividend paid to the fund by the company on the shares
in the company that are assets of the fund;
whether the company has paid a dividend on other shares in the company
and, if so, the rate of that dividend;
whether any shares have been issued by the company to the fund in
satisfaction of, or of a part of, a dividend paid by the company and, if so,
the circumstances of the issue of those shares; and
any other matters that the Commissioner considers relevant.
"(3) For the purposes of subsection (2), income that, in the opinion of the
Commissioner, was derived by a fund:
if the fund is a former paragraph 23 (ja) fund in relation to the year
of income of the fund in which the income was derived-in a year of income of
the fund and after 29 October 1987; or
in any other case-in a year of income of the fund; indirectly from a
dividend paid by a company, being a private company in relation to the year of
income of the company in which the dividend was paid, shall be deemed to have
been a dividend paid to the fund:
if paragraph (a) applies-in the year of income of the fund and after 29
October 1987; or
if paragraph (b) applies-in the year of income of the fund; by the
company.
"(4) Income (other than a dividend to which subsection (2) applies) derived
by a fund:
if the fund is a former paragraph 23 (ja) fund in relation to the year
of income of the fund in which the income was derived-in a year of income of
the fund and after 29 October 1987; or
in any other case-in a year of income of the fund; from a transaction
is not exempt from tax by virtue of subsection (1) if the parties to the
transaction were not dealing with each other at arm's length in relation to
the transaction and that income is greater than the income that might have
been expected to have been derived by the fund from the transaction if those
parties had been dealing with each other at arm's length in relation to the
transaction.
"(5) A reference in subsection (4) to a transaction includes a reference to
a series of transactions.
"(6) In determining, for the purposes of subsection (3) or (4), whether
income was derived by a fund after 29 October 1987, income that:
is included in the assessable income of the fund under subsection 92
(1) or Division 6; or
is derived by the fund during, but not at a particular time during, a
year of income; shall be taken to have been derived by the fund at such time,
or at such times and in such proportions, as the Commissioner considers
reasonable having regard to:
where paragraph (a) applies in respect of a partnership or a trust
estate-the time, or the times, when income was derived by the partnership or
by the trustee of the trust estate, as the case may be; and
in any case-any relevant matters.
"(7) For the purposes of this section, a fund is a former paragraph 23 (ja)
fund in relation to a year of income if, and only if:
the year of income ended before the proclaimed superannuation standards
day and the income of the fund of the year of income would, but for the
amendments made by the Taxation Laws Amendment Act (No. 4) 1987, have been
exempt from tax under paragraph 23 (ja) of this Act as in force immediately
before the commencement of section 1 of that Act; or
the proclaimed superannuation standards day occurred during the year of
income and, if the year of income had ended on the proclaimed superannuation
standards day, the income of the fund of the year of income would have been
exempt from tax under paragraph 23 (ja) of this Act as in force immediately
before the commencement of section 1 of that Act.
Exemption of income of certain approved deposit funds
"23FD. (1) Subject to this section, the income derived during a year of
income by a fund is exempt from income tax if:
the Insurance and Superannuation Commissioner has given a notice in
relation to the fund under section 14 of the Occupational Superannuation
Standards Act 1987 stating that the Insurance and Superannuation Commissioner
is satisfied that the fund satisfied the approved deposit fund conditions in
relation to the year of income; or
the Insurance and Superannuation Commissioner has given a notice in
relation to the fund under section 15 of the Occupational Superannuation
Standards Act 1987 stating that the Insurance and Superannuation Commissioner
is satisfied that the fund should be treated as if it had satisfied the
approved deposit fund conditions in relation to the year of income.
"(2) A dividend paid after 12 January 1987 to a fund by a company that is a
private company in relation to the year of income of the company in which the
dividend was paid is not exempt from tax by virtue of subsection (1) unless
the Commissioner is of the opinion that it would be reasonable to exempt the
dividend from tax, having regard to:
the paid-up value of the shares in that company that are assets of the
fund;
the cost to the fund of the shares on which the dividend was paid by
the company;
the rate of the dividend paid to the fund by the company on the shares
in the company that are assets of the fund;
whether the company has paid a dividend on other shares in the company
and, if so, the rate of that dividend;
whether any shares have been issued by the company to the fund in
satisfaction of, or of a part of, a dividend paid by the company and, if so,
the circumstances of the issue of those shares; and
any other matters that the Commissioner considers relevant.
"(3) For the purposes of subsection (2), income that, in the opinion of the
Commissioner, was derived after 12 January 1987 by a fund indirectly from a
dividend paid by a company, being a private company in relation to the year of
income of the company in which the dividend was paid, shall be deemed to have
been a dividend paid after that date to the fund by the company.
"(4) Income (other than a dividend to which subsection (2) applies) derived
after 12 January 1987 by a fund from a transaction is not exempt from tax by
virtue of subsection (1) if the parties to the transaction were not dealing
with each other at arm's length in relation to the transaction and that income
is greater than the income that might have been expected to have been derived
by the fund from the transaction if those parties had been dealing with each
other at arm's length in relation to the transaction.
"(5) A reference in subsection (4) to a transaction includes a reference to
a series of transactions.
"(6) In determining, for the purposes of subsection (3) or (4), whether
income was derived by a fund after 12 January 1987, income that:
is included in the assessable income of the fund under subsection 92
(1) or Division 6; or
is derived by the fund during, but not at a particular time during, a
year of income; shall be taken to have been derived by the fund at such time,
or at such times and in such proportions, as the Commissioner considers
reasonable having regard to:
where paragraph (a) applies in respect of a partnership or a trust
estate-the time, or the times, when income was derived by the partnership or
by the trustee of the trust estate, as the case may be; and
in any case-any relevant matters.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 9
Assessable income to include value of benefits received from or in connection
with former paragraph 23 (ja) funds or former section 23FB funds
9. Section 26AF of the Principal Act is amended:
by inserting after paragraph (1) (a) the following paragraph:
if the fund is an exempt fund within the meaning of section
26AFB-the benefit was received or obtained by the taxpayer before the
proclaimed superannuation standards day;";
by omitting from subsection (2) "paragraph 23 (ja) fund or a section
23FB fund," and substituting "fund, being a paragraph 23 (ja) fund or a
section 23FB fund and not being an exempt fund within the meaning of section
26AFB,";
by inserting "as in force at any time before the commencement of
section 1 of the Taxation Laws Amendment Act (No. 4) 1987" after "23 (ja)
(ii)" in paragraph (a) of the definition of "approved terms and conditions"
in subsection (3);
by inserting "as in force at any time before the commencement of
section 1 of the Taxation Laws Amendment Act (No. 4) 1987" after "23FB (2)" in
paragraph (b) of the definition of "approved terms and conditions" in
subsection (3);
by inserting "as in force at any time before the commencement of
section 1 of the Taxation Laws Amendment Act (No. 4) 1987" after "23 (ja)"
(last occurring) in the definition of "paragraph 23 (ja) fund" in subsection
(3);
by inserting "as in force at any time before the commencement of
section 1 of the Taxation Laws Amendment Act (No. 4) 1987" after "23FB" in
paragraph (a) of the definition of "section 23FB fund" in subsection (3); and
by adding at the end the following subsection:
"(4) For the purposes of this section, where either of the following
paragraphs applies in relation to an exempt fund within the meaning of section
26AFB of this Act in relation to the year of income of the fund commencing on
1 July 1986 or a subsequent year of income:
the year of income ended before the proclaimed superannuation
standards day and the income of the fund of the year of income would, but for
the amendments made by the Taxation Laws Amendment Act (No. 4) 1987, have been
exempt from tax under paragraph 23 (ja) or section 23FB of this Act, as in
force at any time before the commencement of section 1 of that Act;
the proclaimed superannuation standards day occurred during the
year
of income and, if the year of income had ended on the proclaimed
superannuation standards day, the income of the fund of the year of income
would have been exempt from tax under paragraph 23 (ja) or section 23FB of
this Act, as in force at any time before the commencement of section 1 of that
Act; paragraph 23 (ja) or section 23FB of this Act, as in force immediately
before the commencement of section 1 of that Act, shall be taken to have
continued to apply in relation to the fund in relation to the year of income
of the fund.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 10
Assessable income to include value of certain benefits received from or in
connection with former section 23F funds
10. Section 26AFA of the Principal Act is amended:
by inserting after paragraph (1) (a) the following paragraph:
if the fund is an exempt fund within the meaning of section
26AFB-the benefit was received or obtained by the taxpayer before the
proclaimed superannuation standards day;";
by omitting from subsection (3) "section 23F fund," and substituting
"fund, being a section 23F fund and not being an exempt fund within the
meaning of section 26AFB,";
by inserting "as in force at any time before the commencement of
section 1 of the Taxation Laws Amendment Act (No. 4) 1987" after "(iv)" in the
definition of "excessive benefit" in subsection (4);
by inserting "(as in force at any time before the commencement of
section 1 of the Taxation Laws Amendment Act (No. 4) 1987)" after "23F" (last
occurring) in the definition of "section 23F fund" in subsection (4); and
by adding at the end the following subsection:
"(5) For the purposes of this section, where either of the following
paragraphs applies in relation to an exempt fund within the meaning of section
26AFB of this Act in relation to the year of income of the fund commencing on
1 July 1986 or a subsequent year of income:
the year of income ended before the proclaimed superannuation
standards day and section 23F of this Act, as in force immediately before the
commencement of section 1 of the Taxation Laws Amendment Act (No. 4) 1987,
would, but for the amendments made by that Act, have applied in relation to
the fund in relation to the year of income;
the proclaimed superannuation standards day occurred during the
year
of income and, if the year of income had ended on the proclaimed
superannuation standards day, section 23F of this Act, as in force immediately
before the commencement of section 1 of that Act, would, but for the
amendments made by that Act, have applied in relation to the fund in relation
to the year of income; section 23F of this Act, as in force immediately before
the commencement of section 1 of that Act, shall be taken to have continued to
apply in relation to the fund in relation to the year of income of the fund.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 11
11. After section 26AFA of the Principal Act the following section is
inserted:
Assessable income to include value of benefits received from or in connection
with funds that have obtained tax benefits under section 23FC
"26AFB. (1) In this section:
'exempt fund' means a fund to which section 23FC applies, or has applied, in
relation to any year of income.
"(2) Where:
in a year of income and on or after the proclaimed superannuation
standards day, a taxpayer receives or obtains a benefit of any kind out of, or
attributable to assets of, an exempt fund;
at the time when the benefit was provided, there were in force
regulations for the purposes of subsection 7 (1) of the Occupational
Superannuation Standards Act 1987 prescribing standards applicable to the
fund; and
the provision of the benefit resulted in a failure of the fund to
comply with such of those standards as are prescribed for the purposes of this
section by regulations made under this Act; the assessable income of the
taxpayer of the year of income shall include the amount or value of that
benefit.
"(3) Where:
in a year of income and on or after the proclaimed superannuation
standards day, a taxpayer receives or obtains a benefit of any kind out of, or
attributable to assets of, an exempt fund; and
at the time when the benefit was provided, the fund was not a
superannuation fund within the meaning of the Occupational Superannuation
Standards Act 1987; the assessable income of the taxpayer of the year of
income shall include the amount or value of that benefit.
"(4) Where:
subsection (2) or (3) would, but for this subsection, apply to the
amount or value of a benefit received or obtained by a taxpayer out of, or
attributable to assets of, an exempt fund; and
the Commissioner, having regard to:
the nature of the fund; and
such other matters relating to the receiving or obtaining of the
benefit by the taxpayer as the Commissioner considers relevant; is satisfied
that it would be unreasonable for subsection (2) or (3) to apply to the whole
or a part of the benefit; that subsection does not apply to the benefit, or to
that part of the benefit, as the case may be.
"(5) Where, in a year of income, a taxpayer receives valuable consideration
in respect of the transfer by the taxpayer to another person (whether by
assignment, by declaration of trust or by any other means) of a right (whether
vested or contingent) to receive a benefit from an exempt fund, the assessable
income of the taxpayer of the year of income shall include the amount or value
of that consideration.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 12
Interpretation
12. Section 27A of the Principal Act is amended:
by omitting "or 26AFA (1)" from subparagraph (b) (iii) of the
definition of "eligible termination payment" in subsection (1) and
substituting ", 26AFA (1) or 26AFB (2) or (3)";
by omitting "or 26AFA (3)" from paragraph (b) of the definition of
"eligible termination payment" in subsection (1) and substituting ", 26AFA (3)
or 26AFB (5)"; and
by omitting paragraph (a) of the definition of "superannuation fund" in
subsection (1) and substituting the following paragraph:
a provident, benefit, superannuation or retirement fund, being:
a fund to which paragraph 23 (jaa) or (jb) or section 23FC,
121CC
or 121DAB applies, or has applied, in relation to any year of income;
a fund to which paragraph 23 (ja) or section 23F or 23FB, as in
force at any time before the commencement of this paragraph, has applied in
relation to the year of income that commenced on 1 July 1985 or a preceding
year of income; or
a fund to which section 79, as in force at any time before 25
June 1984, has applied in relation to the year of income that commenced on 1
July 1983 or a preceding year of income; and".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 13
Assessable income to include certain annuities and superannuation pensions
13. Section 27H of the Principal Act is amended by adding at the end of the
definition of "annuity" in subsection (4) ", but does not include an annuity
that is a qualifying security for the purposes of Division 16E;".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 14
Notional income where assessable income includes consideration receivable on
disposal, loss or destruction of depreciated property
14. Section 59AB of the Principal Act is amended:
by omitting from subsection (7) "or section 158D, or both of those
sections, applies or apply" and substituting "applies"; and
by omitting from subsection (7) "or those sections" (wherever
occurring).
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 15
Gifts, pensions etc.
15. Section 78 of the Principal Act is amended:
by inserting after subparagraph (1) (a) (1xxxix) the following
subparagraphs:
the Ninth Australian Division Memorial of Participation (Alamein)
Fund;
the Korean and South East Asian and Vietnam War Memorials Anzac
Square Trust Fund;"; and
by inserting after subsection (6AG) the following subsection:
"(6AH) A gift to the fund specified in subparagraph (1) (a) (xc) or
(xci)
is not an allowable deduction under this section unless the gift was or is
made after 14 June 1987 and before 1 July 1989.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 16
Transfer of loss within company group
16. Section 80G of the Principal Act is amended:
by omitting from subsection (5) "For" and substituting "Subject to
subsection (5A), for"; and
by inserting after subsection (5) the following subsection:
"(5A) For the purposes of subsection (1), where:
at a time (in this subsection called the 'acquisition time') in the
year of income commencing on 1 July 1986 or in a subsequent year of income,
one or more companies acquired all the shares in another company (in this
subsection called the 'shelf company') from the shareholders in the shelf
company; and
the shelf company was dormant, within the meaning of Part VI of the
Companies Act 1981, throughout the period (in this subsection called the
'dormant period') commencing on the day on which the shelf company was
incorporated and ending at the acquisition time; the shelf company shall be
taken not to have been in existence during the dormant period.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 17
Interpretation
17. Section 82AAA of the Principal Act is amended by omitting from
subsection (1) the definition of "dependant" and substituting the following
definition:
" 'dependant' has the same meaning as in the Occupational Superannuation
Standards Act 1987;".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 18
Interpretation
18. Section 82AAS of the Principal Act is amended:
by omitting from subsection (1) the definitions of "dependant" and
"eligible superannuation fund" and substituting the following definitions:
" 'dependant' has the same meaning as in the Occupational Superannuation
Standards Act 1987;
'eligible superannuation fund' means a fund to which paragraph 23
(jaa)
or section 23FC applies in relation to the year of income;"; and
by omitting from subsection (1) the definition of "qualifying
superannuation fund".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 19
Deductions for superannuation contributions by eligible persons
19. Section 82AAT of the Principal Act is amended:
by omitting subsection (1) and substituting the following subsection:
"(1) Subject to this section, where:
an eligible person makes a contribution to a fund to obtain
superannuation benefits for the eligible person or, in the event of the death
of the eligible person, for dependants of the eligible person; and
section 23FC applies in relation to the fund in relation to the
year
of income of the fund in which the contribution is made; the amount of the
contribution is an allowable deduction in respect of the year of income of the
eligible person in which the contribution is made."; and
by omitting subsection (3).
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 20
Deduction in respect of new plant installed on or after 1 January 1976
20. Section 82AB of the Principal Act is amended by omitting from paragraphs
(1) (d) and (1A) (d) "1 July 1987" and substituting "1 January 1988".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 21
Limitation on deductions for rental property loan interest
21. Section 82KZD of the Principal Act is amended by inserting before
subsection (1) the following subsection:
"(1A) This section does not apply to the year of income commencing on 1 July
1987 or any later year of income.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 22
Interpretation
22. Section 102M of the Principal Act is amended by omitting "paragraph 23
(j), (jaa) or (ja) or section 23F, 23FA or 23FB" from paragraph (b) of the
definition of "exempt entity" and substituting "paragraph 23 (j) or (jaa) or
section 23FC or 23FD".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 23
Interpretation
23. Section 110 of the Principal Act is amended by omitting the definition
of "exempt superannuation fund" and substituting the following definition:
" 'exempt superannuation fund' means a fund to which paragraph 23 (jaa) or
section 23FC applies in relation to the year of income;".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 24
Interpretation
24. Section 121B of the Principal Act is amended:
by omitting "superannuation" from the definition of "losses and
outgoings" in subsection (1);
by omitting the definitions of "ineligible approved deposit fund" and
"investment income" and substituting the following definitions:
" 'ineligible approved deposit fund', in relation to a year of income,
means a fund in relation to which all of the following conditions are
satisfied:
section 23FD does not apply in relation to the fund in relation
to
the year of income;
if part of the year of income occurred before 1 July 1986 and
the
fund was in existence at a time during that part of the year of income:
the fund is an approved deposit fund within the meaning of
Subdivision AA of Division 2;
on 30 June 1986, the fund was maintained by an approved
trustee or approved trustees within the meaning of that Subdivision; and
the fund was an approved deposit fund within the meaning of
the Occupational Superannuation Standards Act 1987 at all times during so much
of the year of income as occurred on or after 1 July 1986 when the fund was in
existence;
if no part of the year of income occurred before
1 July 1986-the fund was an approved deposit fund within the meaning of the
Occupational Superannuation Standards Act 1987 at all times during the year of
income when the fund was in existence;
'investment income', in relation to a fund to which section 121CC,
121DA
or 121DAB applies in relation to a year of income, means the assessable income
of the fund of the year of income (not including:
if the fund is a fund to which section 121CC applies in relation
to the year of income-ineligible income of the fund; and
in all cases-contributions to the fund);
calculated as if the trustee of the fund were a taxpayer in respect of
that income, being a resident, less all amounts allowable as deductions (other
than concessional deductions and deductions in respect of benefits) from that
assessable income;"; and
by inserting the following definitions in their respective appropriate
alphabetical positions (determined on a letter-by-letter basis):
" 'approved deposit fund', in relation to a year of income, means:
a fund to which section 23FD applies in relation to the year of
income; or
a fund that is an ineligible approved deposit fund in relation
to
the year of income;
'ineligible income', in relation to a fund to which section 121CC
applies, has the meaning given by section 121BA;
'ineligible superannuation fund', in relation to a year of income, means
a fund in relation to which all of the following conditions are satisfied:
section 23FC does not apply in relation to the fund in relation
to
the year of income;
if part of the year of income occurred before 1 July 1986:
the fund was a superannuation fund within the meaning of
this
Division at all times during so much of the year of income as occurred before
1 July 1986 when the fund was in existence; and
the fund was a superannuation fund within the meaning of the
Occupational Superannuation Standards Act 1987 at all times during so much of
the year of income as occurred on or after 1 July 1986 when the fund was in
existence;
if no part of the year of income occurred before
1 July 1986-the fund was a superannuation fund within the meaning of the
Occupational Superannuation Standards Act 1987 at all times during the year of
income when the fund was in existence;".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 25
25. After section 121B of the Principal Act the following section is
inserted:
Ineligible income of section 121CC funds
"121BA. (1) This section applies to income derived in a year of income by a
fund to which section 121CC applies in relation to the year of income.
"(2) A dividend paid to a fund by a company that is a private company in
relation to the year of income of the company in which the dividend was paid
is ineligible income of the fund unless the Commissioner is of the opinion
that it would be reasonable not to treat the dividend as ineligible income of
the fund, having regard to:
the paid-up value of the shares in that company that are assets of the
fund;
the cost to the fund of the shares on which the dividend was paid by
the company;
the rate of the dividend paid to the fund by the company on the shares
in the company and, if so, the rate of that dividend;
whether any shares have been issued by the company to the fund in
satisfaction of, or of a part of, a dividend paid by the company and, if so,
the circumstances of the issue of those shares; and
any other matters that the Commissioner considers relevant.
"(3) For the purposes of subsection (2), income that, in the opinion of the
Commissioner, was derived by a fund indirectly from a dividend paid by a
company, being a private company in relation to the year of income of the
company and in which the dividend was paid, shall be deemed to have been a
dividend paid to the fund by the company.
"(4) Income (other than a dividend to which subsection (2) applies) derived
by a fund from a transaction is ineligible income of the fund if the parties
to the transaction were not dealing with each other at arm's length in
relation to the transaction and that income is greater than the income that
might have been expected to have been derived by the fund from the transaction
if those parties had been dealing with each other at arm's length in relation
to the transaction.
"(5) A reference in subsection (4) to a transaction includes a reference to
a series of transactions.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 26
26. Sections 121C, 121CA, 121CB and 121CC of the Principal Act are repealed
and the following sections are substituted:
Assessment of investment income of certain ineligible superannuation funds
"121CC. (1) This section applies in relation to a fund that is an ineligible
superannuation fund in relation to a year of income if:
if the proclaimed superannuation standards day occurred before the year
of income:
at a time during the year of income when the fund was in
existence,
there were in force regulations for the purposes of subsection 7 (1) of the
Occupational Superannuation Standards Act 1987 prescribing relevant investment
standards applicable to the fund;
the Commissioner is not satisfied that, at all times during the
year
of income when the fund was in existence and there were in force regulations
for the purposes of subsection 7 (1) of the Occupational Superannuation
Standards Act 1987 prescribing relevant investment standards applicable to the
fund, the fund complied with those standards; and
the Commissioner is satisfied that, at all times during the year
of
income when the fund was in existence and there were in force regulations for
the purposes of subsection 7 (1) of the Occupational Superannuation Standards
Act 1987 prescribing standards applicable to the fund, the fund complied with
all of those standards other than the relevant investment standards;
if the proclaimed superannuation standards day occurred during the year
of income:
at a time during so much of the year of income as occurred after
that day when the fund was in existence, there were in force regulations for
the purposes of subsection 7 (1) of the Occupational Superannuation Standards
Act 1987 prescribing relevant investment standards applicable to the fund;
the Commissioner is not satisfied that, at all times during so
much
of the year of income as occurred after that day when the fund was in
existence and there were in force regulations for the purposes of subsection 7
(1) of the Occupational Superannuation Standards Act 1987 prescribing relevant
investment standards applicable to the fund, the fund complied with those
standards; and
the Commissioner is satisfied that:
(A) at all times during so much of the year of income as occurred
after
that day when the fund was in existence and there were in force regulations
for the purposes of subsection 7 (1) of the Occupational Superannuation
Standards Act 1987 prescribing standards applicable to the fund, the fund
complied with all of those standards other than the relevant investment
standards; and
(B) if the year of income had ended on that day and sections 23F,
23FB,
121C and 121CC, as in force immediately before the commencement of this
section, had not been repealed by the Taxation Laws Amendment Act (No. 4)
1987, section 121CC, as so in force, would have applied in relation to the
fund in relation to the year of income; or
if the proclaimed superannuation standards day occurred after the year
of income-the Commissioner is satisfied that if sections 23F, 23FB, 121C and
121CC, as in force immediately before the commencement of this section, had
not been repealed by the Taxation Laws Amendment Act (No. 4) 1987, section
121CC, as so in force, would have applied in relation to the fund in relation
to the year of income.
"(2) The trustee of a fund to which this section applies in relation to a
year of income shall be assessed and is liable to pay tax, at the rate
declared by the Parliament for the purposes of this subsection, on the
investment income of the fund of the year of income.
"(3) The trustee of a fund to which this section applies in relation to a
year of income shall be assessed and is liable to pay tax, at the rate
declared by the Parliament for the purposes of this subsection, upon so much
of the ineligible income derived by the fund in the year of income as remains
after deducting from the ineligible income any losses and outgoings incurred
losses and outgoings are incurred in
gaining or producing that income and are not of a private or capital nature.
"(4) A reference in this section to relevant investment standards is a
reference to such of the standards prescribed by regulations in force for the
purposes of subsection 7 (1) of the Occupational Superannuation Standards Act
1987 as are prescribed for the purposes of this section by regulations made
under this Act.
Assessment of private company dividend income and non-arm's length income of
superannuation funds to which section 23FC applies
"121D. The trustee of a fund to which section 23FC applies in relation to a
year of income shall be assessed and is liable to pay tax, at the rate
declared by the Parliament for the purposes of this section, upon so much of
the income derived by the fund in the year of income (other than income that
is exempt from tax by virtue of section 23FC) as remains after deducting from
the first-mentioned income any losses and outgoings incurred by the fund to
the extent to which the losses and outgoings are incurred in gaining or
producing that income and are not of a private or capital nature.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 27
Assessment of income of other superannuation funds
27. Section 121DA of the Principal Act is amended:
by omitting "121CA, 121CB, 121CC" and substituting "121CC, 121D"; and
by omitting all the words after "upon" and substituting "the investment
income of the fund of the year of income".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 28
Assessment of income of ineligible approved deposit funds
28. Section 121DAA of the Principal Act is amended by omitting "an
ineligible approved deposit fund" and substituting "a fund that is an
ineligible approved deposit fund in relation to a year of income".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 29
29. After section 121DAA of the Principal Act the following section is
inserted:
Assessment of private company dividend income and non-arm's length income of
approved deposit funds to which section 23FD applies
"121DAAA. The trustee of a fund to which section 23FD applies in relation to
a year of income shall be assessed and is liable to pay tax, at the rate
declared by the Parliament for the purposes of this section, upon so much of
the income derived by the fund in the year of income (other than income that
is exempt from income tax by virtue of section 23FD) as remains after
deducting from the first-mentioned income any losses and outgoings incurred by
the fund to the extent to which the losses and outgoings are incurred in
gaining or producing that income and are not of a private or capital nature.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 30
30. Section 121DAB of the Principal Act is repealed and the following
section is substituted:
Assessment of income of certain other ineligible superannuation funds
"121DAB. The trustee of a fund that is an ineligible superannuation fund in
relation to a year of income shall, in relation to the year of income, be
assessed and is liable to pay tax, at the rate declared by Parliament for the
purposes of this section, upon the investment income of the fund for the year
of income if:
if part of the year of income occurred before 1 July 1986-at all times
during so much of the year of income as occurred before that date when the
fund was in existence, the fund was a fund to which paragraph 121DAB (a), as
in force immediately before the commencement of this section, applied; and
in all cases-section 121CC does not apply in relation to the fund in
relation to the year of income.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 31
Income of superannuation funds and approved deposit funds to be taxed
exclusively under this Division
31. Section 121DB of the Principal Act is amended by omitting "ineligible".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 32
32. Section 121DC of the Principal Act is repealed and the following section
is substituted:
Taxable income
"121DC. The amount upon which the trustee of a superannuation fund or
approved deposit fund is assessed and liable to pay tax as provided by
subsection 121CC (3) or section 121D, 121DA, 121DAA, 121DAAA or 121DAB shall,
for the purposes of this Act, be deemed to be taxable income of the fund.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 33
Rebates and provisional tax
33. Section 121DD of the Principal Act is amended by omitting "ineligible".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 34
Interpretation
34. Section 121F of the Principal Act is amended:
by omitting "(ja)," from paragraph (a) of the definition of "relevant
exempting provision" in subsection (1); and
by omitting paragraph (b) of the definition of "relevant exempting
provision" in subsection (1) and substituting the following paragraphs:
paragraph 23 (ja) as in force at any time before the commencement
of
section 1 of the Taxation Laws Amendment Act (No. 4) 1987;
section 23F, 23FA or 23FB, as in force at any time before the
commencement of section 1 of the Taxation Laws Amendment Act (No. 4) 1987;
section 23FC or 23FD;".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 35
Interpretation
35. Section 124ZA of the Principal Act is amended:
by omitting ", (jaa) or (ja)" from paragraph (a) of the definition of
"exempt body" in subsection (1) and substituting "or (jaa)"; and
by omitting "23F, 23FA or 23FB" from paragraph (b) of the definition of
"exempt body" in subsection (1) and substituting "23FC or 23FD".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 36
Deductions in respect of qualifying expenditure
36. Section 124ZH of the Principal Act is amended:
by omitting subparagraphs (1) (c) (i) and (ii) and substituting the
following subparagraphs:
where the building, or the extension, alteration or improvement,
in
respect of the construction of which the qualifying expenditure was incurred:
(A) commenced to be constructed after 21 August 1984 and on or before
15 September 1987; or
(B) commenced to be constructed after 15 September 1987 under a
qualifying previous commitment; 4% of the qualifying expenditure; and
in any other case-21/2% of the qualifying expenditure; and";
by omitting subparagraphs (2) (c) (i) and (ii) and substituting the
following subparagraphs:
where the building, or the extension, alteration or improvement,
in
respect of the construction of which the qualifying expenditure was incurred:
(A) commenced to be constructed after 21 August 1984 and on or before
15 September 1987; or
(B) commenced to be constructed after 15 September 1987 under a
qualifying previous commitment; 4%; and
in any other case-21/2%;";
by omitting paragraphs (3) (a) and (b) and substituting the following
paragraphs:
where the building, or the extension, alteration or improvement, in
respect of the construction of which the qualifying expenditure was incurred:
commenced to be constructed after 21 August 1984 and on or
before
15 September 1987; or
commenced to be constructed after 15 September 1987 under a
qualifying previous commitment; 25 years; and
in any other case-40 years;"; and
by adding at the end the following subsections:
"(4) For the purposes of this section, the construction of a building,
or
of an extension, alteration or improvement to a building, shall be taken to be
under a qualifying previous commitment if:
the construction was under a contract that was entered into on or
before 15 September 1987 or was under 2 or more contracts any of which was
entered into on or before 15 September 1987; or
the following conditions are satisfied:
money was borrowed and used to finance the construction;
all the money that was borrowed and used to finance the
construction was borrowed under a contract that was entered into, or under
contracts each of which was entered into:
(A) on or before 15 September 1987; and
(B) for the purpose, or for purposes that included the purpose, of
financing the construction;
each person who borrowed and used money to finance the
construction is a qualifying investor in relation to the construction.
"(5) For the purposes of subsection (4), a person is a qualifying
investor
in relation to the construction of a building, or the construction of an
extension, alteration or improvement to a building, if:
in the case of the construction of a building:
at the end of 15 September 1987, the person was the owner or
lessee of the land on which the building was constructed; or
after 15 September 1987, the person became the owner or lessee
of
that land under a contract entered into on or before 15 September 1987; or
in the case of the construction of an extension, alteration or
improvement to a building:
at the end of 15 September 1987, the person was the owner or
lessee of:
(A) if the extension, alteration or improvement was made to only
part of the building-that part; or
(B) in any other case-the building; or
after 15 September 1987, the person became the owner or lessee
of:
(A) if the extension, alteration or improvement was made to only
part of the building-that part; or
(B) in any other case-the building;
under a contract entered into on or before 15 September 1987.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 37
Capital gains and abnormal income to be disregarded
37. Section 149A of the Principal Act is amended by omitting subsection (1)
and substituting the following subsection:
"(1) For the purposes of this Division (including the purpose of determining
whether this Division applies to the income of a taxpayer):
references in this Division to the assessable income of a taxpayer
shall be read as references to the amount that would have been the assessable
income if the assessable income did not include any net capital gain within
the meaning of Part IIIA; and
references in this Division to the taxable income of a taxpayer shall
be read as references to the amount that would have been the taxable income
if:
the assessable income did not include any net capital gain within
the meaning of Part IIIA; and
the taxable income were reduced by so much of the taxable income
as
consists of an abnormal income amount as specified in section 158L.".
TAXATION LAWS AMENDMENT ACT (No. 4) 1987 No. 138 of 1987
- SECT 38
38. Division 16A of Part III of the Principal Act is repealed and the
following Division is substituted:
"Division 16A-Abnormal Income of Artists, Composers, Inventors, Performers,
Production Associates, Sportspersons and Writers
Interpretation
"158B. (1) In this Division, unless the contrary intention appears:
'arrangement' means:
any agreement, arrangement, understanding, promise or undertaking,
whether express or implied, and whether or not enforceable, or intended to be
enforceable, by legal proceedings; and
any scheme, plan, proposal, action, course of action or course of
conduct, whether unilateral or otherwise;
'artist' means the author of an artistic work;
'associate' has the same meaning as in section 26AAB;
'composer' means the author of a musical work;
'eligible person' means:
an artist;
a composer;
an inventor;
a performer;
a production associate;
a sportsperson; or
a writer;
'inventor' means the inventor of an invention;
'performer' means a person who:
performs or presents any of the following activities:
music;
a play;
dance;
an entertainment;
an address;
a display;
a promotional activity;
an exhibition;
any similar activity;
being an activity that involves the exercise by the person of intellectual,
artistic, musical, physical or other personal skills in the presence of an
audience; or
performs or appears in or on a film, tape or disc or in a
television
or radio broadcast;
'production associate' means a person who:
performs recognised associated services in connection with an
activity to which paragraph (a) of the definition of 'performer' applies; or
performs recognised associated services in connection with the
making
of a film, tape or disc or of a television or radio broadcast;
'recognised associated services' means any of the following services:
services as:
an art director;
a choreographer;
a costume designer;
a director;
a director of photography;
a film editor;
a lighting designer;
a musical director;
a producer;
a production designer; or
a set designer;
services similar to services referred to in paragraph (a);
'sport' means so much of a sporting activity as satisfies the following
conditions:
the sporting activity is one in which:
human beings compete by riding, or by exercising other skills
in
relation to, animals;
human beings compete by driving, piloting or crewing motor
vehicles, boats, aircraft or other modes of transport;
human beings compete with, or compete by overcoming, natural
obstacles or natural forces; or
where none of the preceding subparagraphs applies to the
sporting
activity-human beings are the sole competitors;
the participation in the sporting activity by each such human
competitor other than:
a navigator in the activity of car rallying;
a coxswain in the activity of rowing; or
a similar competitor;
involves primarily the exercise of physical prowess, physical strength or
physical stamina;
'sportsperson' means a person who participates in sport as a competitor as
mentioned in paragraph (a) of the definition of 'sport';
'taxpayer' means a taxpayer who is a natural person other than a taxpayer in
the capacity of a trustee;
'writer' means the author of a literary or dramatic work.
"(2) For the purpose of determining whether a person is an associate of
another person within the meaning of this Division, the definition of
'relative' in subsection 6 (1) and the definition of 'associate' in subsection
26AAB (14) apply as if a reference in the definition concerned to the spouse
of the person included a reference to another person who, although not legally
married to the person, lives with the person on a bona fide domestic basis as
— |
| |
Provision affected | How affected |
S. 51......................................... | am. No. 11, 1988 |
S. 52......................................... | rep. No. 75, 2010 |
S. 62......................................... | rep. No. 75, 2010 |
0
0
0