Medicare Levy Amendment Act 1988
No. 93 of 1988
An Act to amend the Medicare Levy Act 1986, and for related purposes
[Assented to 24 November 1988]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the Medicare Levy Amendment Act 1988.
(2) In this Act, “Principal Act” means the Medicare Levy Act 19861.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Amendment of Principal Act
3. The Principal Act is amended as set out in the Schedule.
Application of threshold amendments
4. The amendments of sections 7 and 8 of the Principal Act made by this Act do not apply for a financial year earlier than the financial year commencing on 1 July 1988.
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SCHEDULE Section 3
AMENDMENT OF PRINCIPAL ACT
Subsections 7 (1) and (2):
Omit “$8,980”, substitute “$9,560”.
Subsection 7 (2):
Omit “$9,578”, substitute “$10,197”.
Subsection 8 (5):
Omit “$15,090”, substitute “$16,110”.
Subsection 8 (6):
Omit “$15,090”, substitute “$16,110”.
Section 11:
Repeal the section, substitute the following section:
Financial years for which levy payable
“11. The levy imposed by this Act is levied, and shall be paid:
(a) for each of the financial years from and including the financial year commencing on 1 July 1986 to and including the financial year commencing on 1 July 1988; and
(b) until the Parliament otherwise provides, for the next succeeding financial year.”.
NOTE
1. No. 110, 1986, as amended. For previous amendments, see No. 110, 1987.
[Minister’s second reading speech made in—
House of Representatives on 31 August 1988
Senate on 4 November 1988]
Overview
The Medicare Levy Amendment Act 1988 was enacted to amend the Medicare Levy Act 1986, aiming to address certain fiscal and administrative adjustments related to the Medicare Levy. This Act, assented to on 24 November 1988, was passed by the Queen in Parliament, reflecting the Commonwealth's legislative process. The primary policy objective of this amendment was to update the thresholds and financial years for which the Medicare Levy would be applicable, ensuring that the financial obligations and the benefit structures align with the economic conditions and policy goals of the time. The legislative amendments introduced by this Act are aimed at ensuring that the Medicare system remains sustainable and equitable for the Australian populace.
Scope and Application
The Medicare Levy Amendment Act 1988 is an Act of the Commonwealth of Australia that amends the Medicare Levy Act 1986. This Act specifically adjusts the income thresholds for the Medicare levy, which is a tax levied to fund the Medicare system. The changes introduced by this Act apply to financial years commencing on or after 1 July 1988. The Act is applicable to individuals and entities subject to the Medicare levy, which is typically those earning above a certain income threshold. The amendments increase the income levels at which the Medicare levy is applied, impacting both individual taxpayers and employers who must withhold the levy from employee wages. The Act does not specify exclusions or exemptions, but its reach is limited to the financial years mentioned and does not apply retroactively. The changes are direct and do not extend or restrict application through subordinate instruments, as all modifications are explicitly stated within the Act itself.
Key Provisions
The Medicare Levy Amendment Act 1988 (No. 93 of 1988) is an amendment to the Medicare Levy Act 1986, modifying certain provisions of the principal Act. The Act was assented to on 24 November 1988 and commenced on the same day. The primary amendments involve changes to income thresholds and the duration for which the Medicare Levy is payable. Specifically, Section 7 of the Principal Act is amended to adjust the income thresholds from $8,980 to $9,560 and from $9,578 to $10,197. Similarly, Section 8 is amended to change the thresholds from $15,090 to $16,110 in two instances. These changes are effective from the financial year commencing 1 July 1988.
The Act imposes specific obligations on taxpayers and the Australian Taxation Office (ATO). Taxpayers who fall within the revised income thresholds are now required to contribute to the Medicare Levy for the financial years from 1 July 1986 to 1 July 1988 and beyond unless otherwise specified by Parliament. The ATO is responsible for ensuring compliance with these new thresholds and levy requirements. This includes updating their systems to reflect the changes and accurately assessing taxpayers’ liability based on the new thresholds.
Failure to comply with the requirements of the Medicare Levy Amendment Act 1988 can result in various consequences. Although the Act does not explicitly state penalties for non-compliance, general provisions under the Medicare Levy Act 1986 apply. These provisions may include fines, interest on unpaid levies, and potential legal action for persistent non-payment. The exact penalties are determined under the broader tax laws, which can include substantial financial penalties and, in severe cases, criminal charges for willful or fraudulent non-compliance.