Income Tax Assessment (Australian Disaster Relief Funds) Amendment Declaration (No. 2) 2025
I, Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, make the following declaration.
Dated 26 June 2025
Dr Andrew Leigh
Assistant Minister for Productivity, Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Income Tax Assessment (Australian Disaster Relief Funds) Declaration 2022 2
1 Name
This instrument is the Income Tax Assessment (Australian Disaster Relief Funds) Amendment Declaration (No. 2) 2025.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Income Tax Assessment Act 1997.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Income Tax Assessment (Australian Disaster Relief Funds) Declaration 2022
1 After section 6
Insert:
7 Declaration of Queensland Floods (March 2025)
Under section 30-45A of the Act, the floods that occurred in western Queensland that started on 21 March 2025 are declared as a disaster to which subsection 30‑45A(1) of the Act applies.
Note: The floods developed rapidly and resulted in widespread damage to property and the natural environment.
8 Declaration of New South Wales Floods (May 2025)
Under section 30-45A of the Act, the floods that occurred in north-eastern New South Wales that started on 18 May 2025 are declared as a disaster to which subsection 30-45A(1) of the Act applies.
Note: The floods developed rapidly and resulted in widespread damage to property and the natural environment.
Overview
The Income Tax Assessment (Australian Disaster Relief Funds) Amendment Declaration (No. 2) 2025, enacted by Dr Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, aims to address the urgent need for financial support and relief efforts following the devastating floods in western Queensland in March 2025 and north-eastern New South Wales in May 2025. This notifiable instrument is made under the authority of the Income Tax Assessment Act 1997, with the objective of facilitating tax concessions for contributions to disaster relief funds. The instrument officially commences the day after its registration, providing immediate effect to the amendments specified in Schedule 1. The primary aim is to streamline and expedite financial assistance to the affected regions by declaring these flood events as disasters, thereby enabling relevant tax benefits for donations made to support recovery efforts.
Scope and Application
The Income Tax Assessment (Australian Disaster Relief Funds) Amendment Declaration (No. 2) 2025 is a legislative instrument designed to amend the Income Tax Assessment (Australian Disaster Relief Funds) Declaration 2022 in response to recent natural disasters in Queensland and New South Wales. This instrument, made under the authority of the Income Tax Assessment Act 1997, specifically identifies the floods that occurred in western Queensland from 21 March 2025 and those in north-eastern New South Wales from 18 May 2025 as disasters that warrant the application of special tax provisions. These provisions aim to facilitate the administration of relief funds by classifying these flood events as qualifying disasters under subsection 30-45A(1) of the Income Tax Assessment Act 1997. The amendment takes effect the day after the instrument is registered and applies to entities and individuals affected by these floods, potentially impacting their tax obligations and entitlements related to disaster relief funds.
Key Provisions
The Income Tax Assessment (Australian Disaster Relief Funds) Amendment Declaration (No. 2) 2025, dated 26 June 2025, was made by Dr Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury. This instrument amends the Income Tax Assessment (Australian Disaster Relief Funds) Declaration 2022. The commencement of this instrument is set for the day after it is registered, as specified in section 2(1). This means that all provisions of the instrument will take effect immediately upon registration.
The amendments introduced by this instrument are detailed in Schedule 1. Specifically, section 6 of the Income Tax Assessment (Australian Disaster Relief Funds) Declaration 2022 is amended by inserting a new section 7, which declares the floods that occurred in western Queensland on 21 March 2025 and the floods that occurred in north-eastern New South Wales on 18 May 2025 as disasters under section 30-45A of the Act. These declarations are significant as they qualify these events for specific tax relief measures provided under the Act.
The obligations imposed by this instrument primarily concern the declaration of specified flood events as disasters under the Act. By doing so, the instrument ensures that these events are eligible for the tax benefits intended to support disaster relief efforts. Entities and individuals involved in these relief efforts can now avail themselves of the tax advantages designed to support recovery and rehabilitation in the affected areas.
Failure to comply with the provisions of this instrument could result in penalties under the relevant sections of the Income Tax Assessment Act 1997. While specific penalties are not detailed in this instrument, breaches of the Act can result in significant financial penalties. The maximum penalties for tax-related offences can vary, but they can include fines that are substantial and sufficient to deter non-compliance.
In summary, this instrument amends the Income Tax Assessment (Australian Disaster Relief Funds) Declaration 2022 to include the March 2025 Queensland floods and the May 2025 New South Wales floods as disasters. It ensures that these events are eligible for specific tax relief measures, thereby supporting the recovery and rehabilitation efforts in the affected areas. Compliance with this instrument is crucial for entities and individuals to benefit from the declared tax relief provisions.