Income Tax Assessment
No. 18 of 1969
An Act to amend sections 23c and 160ac of the Income Tax Assessment Act 1936-1968 and to make certain consequential provisions.
[Assented to 4 June 1969]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Income Tax Assessment Act 1969.
(2.) The Income Tax Assessment Act 1936-1968 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Income Tax Assessment Act 1936-1969.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Exemption of certain income from sale of gold.
3.—(1.) Section 23c of the Principal Act is amended—
(a) by adding at the end of paragraph (b) of sub-section (1.) the word “and”;
(b) by omitting from paragraph (c) of that sub-section the word “and”; and
(c) by omitting paragraph (d) of that sub-section.
(2.) The amendments made by the last preceding sub-section apply in respect of income derived from a sale of gold made on or after the eighteenth day of March, One thousand nine hundred and sixty-eight.
Rebate for export market development expenditure.
4.—(1.) Section 160ac of the Principal Act is amended—
(a) by omitting from sub-paragraph (ii) of paragraph (a) of subsection (10.) the words “but for the last-mentioned deduction or deductions” and inserting in their stead the words “but for the first-mentioned deduction or deductions”; and
(b) by omitting from sub-paragraph (ii) of paragraph (b) of that sub-section the words “but for the deduction carried forward for export market development expenditure” and inserting in their stead the words “but for the first-mentioned deduction or deductions”.
(2.) The amendments made by this section shall be deemed to have had effect from and including the twenty-first day of November, One thousand nine hundred and sixty-eight.
Overview
The Income Tax Assessment Act 1969 was enacted to amend the Income Tax Assessment Act 1936-1968, addressing specific issues related to income tax provisions. This legislation was introduced to provide amendments to sections 23c and 160ac of the Principal Act, thereby ensuring that certain income from the sale of gold and rebates for export market development expenditure were properly accounted for under the tax laws. The Act was assented to by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia on 4 June 1969. The policy objective behind these amendments was to refine the tax code, ensuring it remained fair and effective in its application to the economic activities of the time.
Scope and Application
The Income Tax Assessment Act 1969 amends specific sections of the Income Tax Assessment Act 1936-1968, affecting the taxation of income derived from the sale of gold and the rebate for export market development expenditure. This Act applies to all individuals and entities subject to the Principal Act, which covers taxpayers within the Commonwealth of Australia, including individuals, companies, and other entities engaged in taxable activities. The amendments extend to income derived from sales of gold made on or after 18 March 1968, and the changes concerning the rebate for export market development expenditure apply from 21 November 1968. The Act does not explicitly outline exclusions or exemptions, but its application is contingent on the specific provisions of the Principal Act and any subsequent amendments or interpretations. The Act may be further extended or restricted through subordinate instruments, which would provide additional detail on its application and scope.
Key Provisions
The Income Tax Assessment Act 1969 makes specific amendments to sections 23c and 160ac of the Income Tax Assessment Act 1936-1968. Section 3 of the Act modifies the tax treatment of income derived from the sale of gold. It does so by adding a conjunction at the end of a sub-section paragraph, omitting a conjunction from another sub-section paragraph, and removing a further sub-section paragraph entirely. These changes apply to income derived from the sale of gold on or after 18 March 1968. In addition, section 4 amends section 160ac by modifying the language of sub-paragraphs within sub-section paragraphs to adjust the order of deductions applicable to export market development expenditure. These changes are deemed to have taken effect from 21 November 1968.
The Act imposes certain obligations and requirements on taxpayers. For instance, those who sell gold on or after 18 March 1968 must comply with the new tax provisions outlined in section 3. These changes necessitate adjustments in how income from gold sales is reported and taxed. Similarly, entities involved in export market development must ensure their deductions align with the revised language in section 4, which affects the computation of allowable deductions for such activities. The Act also requires that these amendments be considered in the preparation of tax returns and other related financial documentation.
Non-compliance with the provisions of this Act can lead to various consequences. While specific penalties are not detailed in the text provided, the Act likely incorporates general tax compliance measures that include fines, interest on unpaid taxes, and potential legal action for severe or persistent breaches. The maximum penalties for tax-related offences can vary but often include substantial fines and, in some cases, imprisonment for serious violations. Taxpayers are therefore obligated to ensure their practices conform to the amended sections to avoid these adverse outcomes.