Taxation Administration (Unanimous Resolution by the City of Stirling) Notifiable Instrument 2024
I, Emma Rosenzweig Deputy Commissioner of Taxation, make the following notifiable instrument.
Dated 6 March 2024
Emma Rosenzweig
Deputy Commissioner of Taxation
Contents
1 Name
2 Commencement
3 Authority
4 Notice of unanimous resolution
1 Name
This instrument is the Taxation Administration (Unanimous Resolution by the City of Stirling) Notifiable Instrument 2024.
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Note: This table relates only to the provisions of this instrument as originally made.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 subsection 446-5(5) in Schedule 1 to the Taxation Administration Act 1953.
4 Notice of unanimous resolution
(1) The City of Stirling has passed a unanimous resolution that the remuneration of its members be subject to withholding under Part 2-5 in Schedule 1 to the Taxation Administration Act 1953.
(2) The resolution takes effect from 10 July 2023.
Overview
The Taxation Administration (Unanimous Resolution by the City of Stirling) Notifiable Instrument 2024, enacted on 6 March 2024, addresses a specific need within the City of Stirling regarding the taxation of member remuneration. This notifiable instrument was made by Emma Rosenzweig, the Deputy Commissioner of Taxation, under subsection 446-5(5) of Schedule 1 to the Taxation Administration Act 1953. The primary objective of this instrument is to implement a unanimous resolution passed by the City of Stirling, which mandates that the remuneration of its members be subject to withholding tax as outlined in Part 2-5 of Schedule 1 to the Taxation Administration Act 1953, effective from 10 July 2023. This legislative measure ensures that the City of Stirling's tax obligations are properly managed and enforced within the existing tax framework.
Scope and Application
The Taxation Administration (Unanimous Resolution by the City of Stirling) Notifiable Instrument 2024 applies to the City of Stirling and its members, specifically relating to the remuneration of its members, which will be subject to withholding under Part 2-5 of Schedule 1 to the Taxation Administration Act 1953. The resolution was unanimously passed by the City of Stirling and came into effect on 10 July 2023. This instrument is made under subsection 446-5(5) in Schedule 1 to the Taxation Administration Act 1953, and it commenced the day after it was registered. The instrument does not specify any exclusions, exemptions, or thresholds, nor does it extend or restrict its application through subordinate instruments. The jurisdictional reach of this instrument is limited to the City of Stirling and its members, and there is no indication that it extends beyond this specific local government area.
Key Provisions
The main sections of the Taxation Administration (Unanimous Resolution by the City of Stirling) Notifiable Instrument 2024 (section 1) are the name of the instrument, the commencement date, the authority under which it is made, and the notice of the unanimous resolution passed by the City of Stirling. The instrument itself is named as such and its commencement is detailed in section 2, which specifies that the instrument commences on the day after it is registered (section 2(1)). The authority for this instrument is provided under subsection 446-5(5) in Schedule 1 to the Taxation Administration Act 1953 (section 3). The primary focus of the instrument is to notify of a unanimous resolution passed by the City of Stirling regarding the taxation of its members' remuneration (section 4(1)), which is effective from 10 July 2023 (section 4(2)).
The obligations imposed by this Act primarily concern the City of Stirling and its members. The unanimous resolution requires the City of Stirling to subject the remuneration of its members to withholding under Part 2-5 in Schedule 1 to the Taxation Administration Act 1953 (section 4(1)). This means that the City of Stirling must ensure that the members' remuneration is taxed appropriately in accordance with the specified provisions of the Act. The resolution also mandates that this new withholding arrangement takes effect from 10 July 2023 (section 4(2)).
There are no explicit offences, penalties, or consequences for breach outlined within the text of this notifiable instrument itself. However, the instrument is made under the authority of the Taxation Administration Act 1953, which would impose penalties and consequences for any breaches of the withholding obligations. The Taxation Administration Act 1953 contains provisions for penalties for non-compliance, which could include fines and other legal repercussions for both the City of Stirling and its members if they fail to adhere to the withholding requirements specified by the unanimous resolution. The exact penalties would depend on the specific breach and the provisions of the broader Act.