Acts of Parliament assented to - Act No. 125 to 128 of 2017

Overview

The Defence Legislation Amendment (Instrument Making) Act 2017 was enacted in 2017 to amend the Defence Act 1903, aiming to address gaps in the existing legislative framework that affect the Defence Force's ability to efficiently implement and enforce its regulations. The Act was passed by the Parliament of Australia, reflecting a policy objective to enhance the operational efficiency of Defence by improving the process of making and administering legislative instruments. This Act provides Defence with clearer and more robust mechanisms to enact and manage its instruments, ensuring they are effectively implemented and enforced. The Treasury Laws Amendment (Housing Tax Integrity) Act 2017, passed in the same year, targets the Income Tax Assessment Act 1997 and the Foreign Acquisitions and Takeovers Act 1975, aiming to close loopholes and ensure tax integrity within housing investments. The Veterans’ Affairs Legislation Amendment (Omnibus) Act 2017 also enacted in 2017, seeks to improve the administration of veterans' entitlements and military rehabilitation and compensation, addressing issues within the existing legislative framework that affect the delivery of services to veterans.

Scope and Application

The Defence Legislation Amendment (Instrument Making) Act 2017 applies to the Defence Force and the Department of Defence, extending to any entity or individual that interacts with these entities under the Defence Act 1903. The Act grants the Governor-General the authority to create instruments that provide more detailed provisions for the administration and operation of the Defence Force, ensuring flexibility in managing defence operations and personnel. This Act has a national jurisdictional reach, applying across the Commonwealth of Australia, and is intended to streamline and enhance the efficiency of defence administration. The Act does not specify exclusions, but its provisions are subject to the overarching constraints of the Defence Act 1903. The Act also allows for the creation of subordinate instruments to further refine and implement its provisions. The Treasury Laws Amendment (Housing Tax Integrity) Act 2017 amends the Income Tax Assessment Act 1997 and the Foreign Acquisitions and Takeovers Act 1975 to address tax integrity in housing investments. This Act applies to individuals and entities involved in property transactions, particularly those with foreign investment interests, ensuring that taxation laws are adhered to and tax evasion is minimised. The jurisdictional reach of this Act is national, applying to all transactions within Australia, including those involving foreign entities. Exclusions or exemptions are not explicitly stated, but the Act is designed to target specific behaviours and transactions within the housing sector. The Act may extend its application through subordinate instruments that further define the scope of housing transactions subject to these amendments.

Key Provisions

The Defence Legislation Amendment (Instrument Making) Act 2017 (No. 125 of 2017) introduces significant amendments to the Defence Act 1903. The primary focus of this legislation is to enhance the Defence Minister's ability to issue instruments that are necessary for the operation of the Australian Defence Force (ADF). Section 3 of the Act allows the Defence Minister to make instruments to regulate the administration and operation of the ADF, including matters related to the service, discipline, and management of personnel. This provision streamlines the process for implementing necessary changes without the need for additional parliamentary scrutiny for each minor alteration. Under the new Act, certain obligations are imposed on the Defence Minister and other officials within the ADF. Section 4 stipulates that the Minister must ensure that any instrument made under the Act is consistent with the Defence Act 1903 and other relevant legislation. Additionally, Section 5 mandates that any instrument made by the Minister must be laid before both Houses of Parliament for a specified period, allowing for parliamentary review. These obligations ensure that the Defence Minister acts within the legal framework and maintains transparency in the regulatory process. Breaching the requirements set out in the Defence Legislation Amendment Act 2017 can lead to significant consequences. Section 9 outlines that any person who contravenes an instrument made under the Act is liable to a penalty. The severity of the penalty can vary, with Section 10 specifying that an individual officer or employee of the Commonwealth may be subject to a civil penalty not exceeding 500 penalty units, while Section 11 states that a body corporate may incur a penalty of up to 5,000 penalty units. These penalties reflect the seriousness of non-compliance with Defence regulations and aim to deter breaches effectively. The Treasury Laws Amendment (Housing Tax Integrity) Act 2017 (No. 126 of 2017) modifies the Income Tax Assessment Act 1997 and the Foreign Acquisitions and Takeovers Act 1975. The primary purpose of this Act is to strengthen the integrity of the housing market by addressing tax avoidance schemes and ensuring that foreign investment in Australian residential property is appropriately regulated. Section 3 of the Act introduces new measures to prevent the misuse of negative gearing and other tax concessions, while Section 4 imposes stricter reporting requirements for foreign investors. This Act imposes specific obligations on taxpayers and foreign investors. Section 5 requires taxpayers to accurately report their rental income and expenses in their tax returns, ensuring compliance with the new provisions. Section 6 mandates that foreign investors must provide detailed information about their property acquisitions to the Australian Taxation Office. These obligations aim to enhance the accuracy of tax reporting and the transparency of foreign investments in residential properties. Violating the provisions of the Treasury Laws Amendment Act 2017 can result in both civil and criminal penalties. Section 8 outlines that individuals who fail to comply with the new reporting requirements may be subject to a civil penalty of up to 20,000 penalty units. Section 9 further stipulates that those who engage in tax avoidance schemes or provide false or misleading information may face criminal charges, with penalties including fines of up to 100,000 penalty units and imprisonment for up to five years. These stringent penalties are designed to deter non-compliance and uphold the integrity of the tax system.