Taxation Administration Regulations (Amendment) 1996 No. 347
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 347
Issued by the authority of the Assistant Treasurer
Taxation Administration Act 1953
Taxation Administration Regulations (Amendment)
Section 18 of the Taxation Administration Act 1953 provides that the Governor-General may make regulations prescribing matters required to give effect to the Act.
The purpose of these regulations is to amend the Taxation Administration Regulations to prescribe the Royal Commission into the City of Wanneroo as an eligible Royal Commission for the purposes of section 3E of the Act.
The regulations will commence on Gazettal.
Details of Taxation Administration Regulations Amendment
Amendment
Subregulation 1.1 provides that the Taxation Administration Regulations are amened as set out in these amending regulations.
Subregulation 2.2 omits regulation 2AA, which prescribed the Royal Commission into the NSW Police Service as an "eligible Royal Commission", and substitutes a new regulation 2AA. The new regulation prescribes both the Royal Commission into the NSW Police Service and the Royal Commission into the City of Wanneroo as an "eligible Royal Commission" for the purposes of section 2 of the Act.
Overview
The Taxation Administration Regulations (Amendment) 1996 No. 347 is an amendment to the Taxation Administration Regulations, made under the authority of the Assistant Treasurer and pursuant to section 18 of the Taxation Administration Act 1953. The principal aim of these regulations is to expand the definition of "eligible Royal Commission" to include the Royal Commission into the City of Wanneroo, thereby aligning with the provisions of section 3E of the Act. This amendment was introduced to address the need for the inclusion of this particular Royal Commission in the regulatory framework concerning taxation administration. The regulations are set to commence upon gazette, ensuring that the amendments are promptly incorporated into the existing legislative structure. This amendment reflects the policy objective of ensuring that the administrative provisions for taxation purposes are comprehensively updated to include all relevant Royal Commissions.
Scope and Application
The Taxation Administration Regulations (Amendment) 1996 No. 347, issued under the authority of the Assistant Treasurer, modifies the Taxation Administration Regulations to extend eligibility under section 3E of the Taxation Administration Act 1953 to include the Royal Commission into the City of Wanneroo. This legislation applies to the regulations themselves, thereby affecting the scope of entities and individuals who may benefit from the special provisions outlined in the Act. The amendment does not explicitly define geographic or jurisdictional boundaries beyond its applicability to the specified Royal Commissions, thereby potentially extending its reach to all relevant activities and transactions within the Commissions’ investigations. The exclusions or thresholds are not detailed within the explanatory statement, but the focus remains on the eligibility of these specific Royal Commissions. The regulation's commencement is tied to its gazette, ensuring immediate applicability upon official publication.
Key Provisions
The main operative sections of the Taxation Administration Regulations (Amendment) 1996 No. 347 pertain to the amendment of the Taxation Administration Regulations to include the Royal Commission into the City of Wanneroo as an "eligible Royal Commission" under section 3E of the Taxation Administration Act 1953 (Sections 18 and 2.2). These sections require the updating of the regulations to reflect the inclusion of this new Royal Commission, ensuring that it is recognised as eligible for specific provisions within the Act.
The obligations and requirements imposed by these regulations on the parties or entities governed by the Act include the recognition of the Royal Commission into the City of Wanneroo as an "eligible Royal Commission". This designation implies that the Commission will be afforded certain legal and administrative privileges and responsibilities as outlined in the Act. The amendment necessitates that all relevant authorities and entities adjust their practices and policies to accommodate this new inclusion, ensuring compliance with the updated regulations.
In terms of the consequences for breach, the regulations themselves do not explicitly detail offences, penalties, or civil/criminal consequences. However, any failure to comply with the updated regulations could potentially lead to legal challenges or administrative actions, as the non-recognition of the Royal Commission into the City of Wanneroo as "eligible" could be seen as a breach of the legislative framework. The precise nature of the penalties or consequences would depend on the specific context and the provisions of the Taxation Administration Act 1953, but they could include fines, legal sanctions, or other administrative measures.
The regulations commence on gazette, ensuring that the amendment takes effect immediately upon publication. This immediacy is critical for the proper functioning of the Royal Commission and its ability to operate within the legal framework as intended by the Act. The clear and prompt implementation of these amendments helps to maintain the integrity and effectiveness of the regulatory environment governing the Commission.