Income Tax Assessment Act (No. 5) 1968

Legislation au C1968A00148 Not in force Act

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Income Tax Assessment (No. 5)

No. 148 of 1968

An Act to amend the Law relating to Income Tax.

[Assented to 9 December 1968]

BE it enacted by the Queens 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 (No. 5) 1968.


(2.) The Income Tax Assessment Act 1936–1967, as amended by the Income Tax Assessment Act 1968, by the Income Tax Assessment Act (No. 2) 1968, by the Income Tax Assessment Act (No. 3) 1968 and by the Income Tax Assessment Act (No. 4) 1968, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Income Tax Assessment Act (No. 4) 1968 is amended by omitting sub-section (4.).

(4.) The Principal Act, as amended by this Act, may be cited as the Income Tax Assessment Act 1936–1968.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 123 of the Principal Act is amended—

(a) by inserting in sub-section (1.), before the definition of prescribed mining operations, the following definition:—

“‘petroleum does not include petroleum that has been treated at a refinery;; and

(b) by inserting in paragraph (a) of sub-section (2.), after the word person, the words or in an adjacent area within the meaning of section six aa of this Act.

Application of Division.

4. Section 123a of the Principal Act is amended by inserting after sub-section (1.) the following sub-sections:—

(1a.) Subject to this section, this Division also applies to capital expenditure incurred by a taxpayer on, or by way of contribution to capital expenditure of another person on, a railway, road, pipe-line or other facility constructed or acquired for use, in the carrying on of a business for the purpose of gaining or producing assessable income, primarily and principally for the transport of petroleum obtained from mining operations carried on in Australia or in the Territory of Papua and New Guinea other than transport that forms part of those mining operations or transport that forms part of a system of reticulation to consumers or is provided for the purposes of a particular consumer or consumers.

(1b.) This Division does not apply, in relation to a taxpayer, to capital expenditure incurred by the taxpayer on, or by way of contribution to capital expenditure of another person on, a pipe-line referred to in the last preceding sub-section where the construction of the pipe-fine was commenced on or before the thirtieth day of June, One thousand nine hundred and sixty-eight, and was or is completed on or before the thirty-first day of December, One thousand nine hundred and sixty-nine..


Allowable capital expenditure.

5. Section 124dd of the Principal Act is amended by omitting paragraphs (e) and (f) and inserting in their stead the following paragraphs:—

(e) pipe-lines constructed for the transport of petroleum obtained from prescribed petroleum operations (other than transport forming part of those operations), or plant (including pumping apparatus, storage tanks, port facilities and other terminal facilities) for use primarily and principally, and directly, in connexion with the operation of such a pipe-line;

(f) ships, railway rolling-stock and road vehicles for use for the transport of petroleum obtained from prescribed petroleum operations other than road vehicles for use in those operations; and.

Application of amendments.

6. The amendments made by this Act apply to assessments in respect of income of the year of income that commenced on the first day of July, One thousand nine hundred and sixty-eight, and in respect of income of all subsequent years of income.

 

Overview

The Income Tax Assessment (No. 5) Act 1968 was enacted to amend the law relating to income tax, specifically addressing issues around the taxation of capital expenditure incurred in the transport of petroleum. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. Its policy objective was to refine the definition of taxable income by adjusting the application of certain sections of the Income Tax Assessment Act 1936–1968 to include new definitions and exclusions for capital expenditure related to petroleum transport infrastructure. This Act came into operation on the day it received Royal Assent and applied to assessments of income for the year commencing on 1 July 1968 and subsequent years.

Scope and Application

The Income Tax Assessment (No. 5) Act 1968 amends the Income Tax Assessment Act 1936–1967 by introducing specific provisions related to capital expenditure incurred on facilities for the transport of petroleum obtained from mining operations in Australia or the Territory of Papua and New Guinea. This Act applies to taxpayers who incur capital expenditure on, or contribute to the capital expenditure of another person on, facilities such as railways, roads, pipelines, and other infrastructure used for the primary and principal transport of petroleum, excluding transport that forms part of the mining operations themselves or is provided for reticulation to consumers or specific consumers. This legislation does not apply to capital expenditure incurred on pipelines where construction commenced on or before June 30, 1968, and was completed on or before December 31, 1969. The amendments made by this Act apply to assessments for income years commencing on July 1, 1968, and all subsequent years.

Key Provisions

The Income Tax Assessment (No. 5) 1968 Act amends the Income Tax Assessment Act 1936–1967 by introducing specific definitions and applications regarding petroleum and capital expenditure related to the transport of petroleum. Section 4 of the Act introduces new sub-sections that clarify the scope of the Division's application to capital expenditure on facilities used for the transport of petroleum from mining operations, specifically excluding certain pre-existing infrastructure (section 4(1a) and (1b)). Section 5 then defines allowable capital expenditure to include pipelines and other plant for transporting petroleum, as well as ships, railway rolling stock, and road vehicles, excluding those used directly in mining operations (section 5(e) and (f)). These amendments apply to assessments for the income year starting 1 July 1968 and subsequent years (section 6). The Act imposes specific obligations on taxpayers in relation to the capital expenditure on facilities for transporting petroleum. Taxpayers must ensure that their capital expenditure on pipelines, plant, ships, railway rolling stock, and road vehicles for transporting petroleum meets the criteria set out in the amended sections. They must also ensure compliance with the exclusions mentioned, particularly regarding the timing of the construction and completion of pipelines (section 4(1b)). Additionally, taxpayers are required to accurately report and claim deductions for allowable capital expenditure as defined in the Act (section 5(e) and (f)). Breaches of the obligations and requirements set out in the Act may lead to various consequences. The Act does not explicitly state offences or penalties within the provided text; however, general provisions of the Income Tax Assessment Act 1936–1968 would apply. These typically include penalties for non-compliance, such as fines and interest on unpaid taxes. The maximum penalties can vary based on the nature and severity of the breach, including potential criminal penalties for willful or negligent behaviour. Taxpayers found to have misreported their capital expenditure or to have made incorrect claims could face audits, additional assessments, and legal action by the Australian Taxation Office.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.