Income Tax (Mining Withholding Tax) Act 1979
Act No. 28 of 1979 as amended
This compilation was prepared on 17 October 2000
taking into account amendments up to Act No. 138 of 1994
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Incorporation
5 Imposition of tax
6 Rate of tax
Notes
An Act to impose income tax upon certain payments made in connection with the use of Aboriginal land
1 Short title [see Note 1]
This Act may be cited as the Income Tax (Mining Withholding Tax) Act 1979.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
In this Act, Assessment Act means the Income Tax Assessment Act 1936.
4 Incorporation
The Assessment Act is incorporated and shall be read as one with this Act.
5 Imposition of tax
The tax known as income tax, to the extent that it is payable in accordance with section 128V of the Assessment Act, is imposed, and shall be levied and paid.
6 Rate of tax
The rate of income tax imposed by this Act is 4%.
Notes to the Income Tax (Mining Withholding Tax) Act 1979
Note 1
The Income Tax (Mining Withholding Tax) Act 1979 as shown in this compilation comprises Act No. 28, 1979 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Income Tax (Mining Withholding Tax) Act 1979 | 28, 1979 | 4 June 1979 | 4 June 1979 | |
Income Tax (Mining Withholding Tax) Amendment Act 1982 | 103, 1982 | 30 Oct 1982 | 30 Oct 1982 (see s. 2) | S. 3(2) |
Taxation Laws (Miscellaneous Provisions) Act 1986 | 109, 1986 | 4 Nov 1986 | 4 Nov 1986 | S. 5 |
Taxation Laws Amendment Act (No. 3) 1994 | 138, 1994 | 28 Nov 1994 | Ss. 117–119: Royal Assent (a) | S. 119 |
(a) The Income Tax (Mining Withholding Tax) Act 1979 was amended by sections 117 and 118 only of the Taxation Laws Amendment Act (No. 3) 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected | How affected |
S. 6.................... | am. No. 103, 1982; No. 109, 1986; No. 138, 1994 |
| |
Overview
The Income Tax (Mining Withholding Tax) Act 1979 was enacted to address the need for a specific tax regime for payments made in connection with the use of Aboriginal land, particularly in the context of mining activities. This legislation was introduced by the Australian Parliament with the objective of ensuring that income tax is appropriately levied on such payments. The Act was designed to impose a 4% income tax on certain payments made in relation to the use of Aboriginal land, integrating the provisions of the Income Tax Assessment Act 1936. By doing so, the Act aims to provide a structured and specific tax framework that applies to mining activities on Aboriginal land, thereby contributing to the equitable distribution of tax revenue and recognising the unique circumstances of land use by Indigenous communities.
Scope and Application
The Income Tax (Mining Withholding Tax) Act 1979 is an Australian federal statute that imposes income tax on certain payments made in connection with the use of Aboriginal land. This Act applies to payments made to, or on behalf of, Aboriginal persons or bodies in respect of the use of Aboriginal land for mining activities. The tax is levied at a rate of 4% and is imposed under the authority of section 128V of the Income Tax Assessment Act 1936, which is incorporated and read as one with this Act. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act extends its application through subordinate instruments, such as regulations or administrative guidelines, which may provide further detail on the implementation and administration of the withholding tax. No specific exclusions or exemptions are outlined in the primary text of the Act, but it is possible that further clarification or exceptions could be detailed in subordinate instruments or related legislative provisions.
Key Provisions
The Income Tax (Mining Withholding Tax) Act 1979 (the Act) imposes a 4% income tax on certain payments made in connection with the use of Aboriginal land, as detailed in section 6. This tax is levied under section 5, which states that the income tax, to the extent specified in section 128V of the Income Tax Assessment Act 1936 (the Assessment Act), is imposed, levied, and paid. The Assessment Act is incorporated into this Act, meaning that it is to be read as one with the Act, as stated in section 4.
The Act requires the withholding of the specified income tax from payments connected to the use of Aboriginal land. It is the responsibility of the payor to withhold the tax and remit it to the Commissioner of Taxation, as outlined in section 128V of the Assessment Act. The payor must also provide the necessary documentation to the Commissioner, ensuring compliance with the tax requirements. Failure to comply with the withholding and remittance obligations can result in significant legal consequences for the payor.
Under this Act, there are penalties and consequences for non-compliance. Section 230A of the Assessment Act stipulates that if a payor fails to withhold and remit the required tax, they may be liable to pay a penalty equal to the amount of the unpaid tax, plus interest. Additionally, section 230C of the Assessment Act imposes a penalty on payors who provide false or misleading information in their withholding statements. The maximum penalty for providing false information is $2,100 for individuals and $10,500 for corporations. These penalties serve as a deterrent to non-compliance and ensure that the tax obligations are met.