Income Tax Assessment Amendment Act (No. 3) 1979

Overview

The Income Tax Assessment Amendment Act (No. 3) 1979 was enacted to address certain administrative inefficiencies within the review process outlined under section 265 of the Income Tax Assessment Act 1936. This Act was passed by the Queen, with the consent of the Senate and the House of Representatives of the Commonwealth of Australia, to streamline the handling of tax review applications by introducing a designated person to manage these applications. The policy objective of this amendment was to ensure that applications referred to a Board of Review are processed more efficiently by allowing a designated individual, either a member of the Board or an officer of the Department of the Treasury, to handle the initial review and examination of the application. This approach aimed to alleviate some of the burdens on the Board of Review by delegating specific administrative duties to a designated person, thereby potentially reducing the overall time and resources required for the review process.

Scope and Application

The Income Tax Assessment Amendment Act (No. 3) 1979 applies to the administration of tax law in Australia and specifically amends section 265 of the Income Tax Assessment Act 1936. It pertains to the processes and procedures followed by the Board of Review in handling applications related to income tax assessments. The Act applies to individuals and entities subject to income tax assessments in Australia, as well as the Board of Review and the Department of the Treasury, which are responsible for administering the review process. The Act's jurisdiction is national, as it pertains to the federal income tax system. There are no explicit exclusions, exemptions, or thresholds stated within the Act itself; however, the scope and specifics of its application may be further defined or refined through subordinate instruments or regulations issued under the authority of the Income Tax Assessment Act 1936. This Act represents a legislative adjustment to streamline and formalise the review process, ensuring that designated persons, who may include members of the Board or designated officers from the Department of the Treasury, are clearly defined and responsible for handling applications in a structured manner.

Key Provisions

The Income Tax Assessment Amendment Act (No. 3) 1979 introduces significant changes to the administration of tax review processes by amending section 265 of the Income Tax Assessment Act 1936. Specifically, the Act replaces the previous system where a member of a Board of Review would handle applications with a new process that involves a designated person. This person can either be a member of the Board of Review or an officer of the Department of the Treasury designated by the Chairman of the Board (section 3(b)). This designated person will be responsible for dealing with applications referred to the Board of Review, including taking oaths or affirmations as necessary (section 3(d)), and submitting reports to the Board along with any relevant records (section 3(9)). Under the new provisions, the designated person's role encompasses handling applications in accordance with sub-sections (5) to (9), which detail the procedures for examining applications, taking oaths or affirmations, and preparing reports for the Board. This change streamlines the review process by centralising the initial handling of applications with a designated individual rather than requiring the involvement of a full Board member for every application (section 3(4)). Additionally, the Act allows for the designation of specific persons to handle particular classes of applications, providing flexibility in managing the workload of the Board (section 3(4a)). The obligations imposed by this Act require the designated person to thoroughly examine the facts of each application, prepare a comprehensive report, and highlight any facts that they believe have particular relevance to the application. These reports must be submitted to the Board of Review, which will then use this information to make its decisions (section 3(9)(a) and (b)). This places a significant responsibility on the designated person to ensure that all relevant information is accurately presented and that the Board is adequately informed to make fair and informed decisions. Failure to comply with the requirements of this Act could result in legal consequences. While the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, any breach of the designated person's duties could potentially lead to administrative actions or legal challenges. For instance, inaccurate reporting or failure to submit a report could undermine the integrity of the tax review process and could be subject to review or correction by the Board of Review or higher authorities. However, the specific penalties or consequences would depend on the context and severity of the breach.