EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 416
ISSUED BY THE AUTHORITY OF THE TREASURER
These regulations amending the Income Tax Regulations will prescribe new rules relating to the furnishing of partnership returns, replace an existing regulation that validates, and requires judicial notice to be taken of, the signature of the Commissioner, a Second Commissioner or a Deputy Commissioner of Taxation that is written, stamped or printed on a document, and provide a more appropriate scale of expenses for persons required to attend and give evidence before the Commissioner or a Board of Review.
Regulation 1 facilitates references to the Income Tax Regulations which are referred to as the “Principal Regulations”.
By regulation 2, regulation 13 of the Principal Regulations will be amended to require the partner resident in Australia who has the greater or greatest individual interest in the net income of the partnership or in the partnership loss, as the case may be, to make and furnish the partnership return of income. Where there are two or more such partners, or in cases where all partners have equal interests in the net income or partnership loss of the partnership, the return may be made and furnished by any one of those partners.
Regulation 3 will amend existing sub-regulation 39(3) which provides that the fees and travelling expenses paid to a person who is required to attend and give evidence before a Board of Review are to be calculated by reference to the Public Works Committee Regulations. The amounts payable to such persons will instead be calculated in accordance with the Seventh Schedule to the Principal Regulations which is being inserted by regulation 8.
Regulation 4 will amend existing sub-regulation 58R(4) which provides that the fees and travelling expenses paid to a person who is required to attend and give evidence before a Tax Agent’s Board are to be calculated by reference to the Public Works Committee Regulations. The amounts payable to such persons will instead be calculated in accordance with the Seventh Schedule to the Principal Regulations, which is being inserted by regulation 8.
Regulation 62 of the Principal Regulations provides that any document bearing the written, stamped or printed signature of the Commissioner, a Second Commissioner, a Deputy Commissioner or a prescribed delegate of the Commissioner is, unless the contrary is proved, deemed to have been duly signed by that person. Sub-regulation 62(2) requires judicial notice to be taken of every such signature.
Regulation 5 will repeal regulation 62 and insert a new regulation 62. New sub-regulation 62(1) will require that judicial notice be taken of the names and signatures of the Commissioner, a Second Commissioner, a Deputy Commissioner or a prescribed delegate of the Commissioner of Taxation. New sub-regulation 62(2) will provide that, in the absence of proof that it was issued without authority, any document bearing the written, printed or stamped name (including a facsimile of the signature) of the Commissioner, a Second Commissioner or a Deputy Commissioner is deemed to have been duly signed by that person.
Regulation 6 will repeal existing regulation 64 and substitute a new regulation 64 to prescribe the scale of expenses for persons required to attend and give evidence before the Commissioner under section 264 of the Income Tax Assessment Act 1936. The scale of fees will be that set out in the Seventh Schedule which is being inserted by regulation 8.
Regulation 7 makes a number of minor drafting amendments to Form 1 (Officer’s Oath of Secrecy) and Form 2 (Officer’s Declaration of Secrecy) in the First Schedule to the Principal Regulations to provide for those forms to be completed by persons other than those in the States of Australia - for example, persons in Australia’s Territories.
Regulation 8 will add a new Seventh Schedule to the Principal Regulations which will specify the Scale of Expenses for persons required to attend and give evidence before the Commissioner or a Board of Review. At present, the scale of such expenses is that prescribed in the Public Works Committee Regulations. By Items 1 and 2 of the new scale, a person attending before the Commissioner is entitled to an amount in relation to expenses which is calculated by reference to the relevant amounts specified in the High Court Rules. In addition to any amount to which the person may be entitled under Items 1 or 2, an expert witness is also entitled to a reasonable amount for qualifying to give that evidence - Item 3. Item 4 provides for the payment of reasonable amounts in respect of travelling expenses, meals and accommodation.