Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019

Administered by Department of the Treasury

Legislation au C2019A00030 In force Act

Legislation content

Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019

No. 30, 2019

Compilation No. 1

Compilation date: 15 September 2023

Includes amendments up to: Act No. 69, 2023

Registered: 28 September 2023

About this compilation

This compilation

This is a compilation of the Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019 that shows the text of the law as amended and in force on 15 September 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Flood assistance

Income Tax Assessment Act 1997

Schedule 2—Storm assistance

Income Tax Assessment Act 1997

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to make provision in relation to certain aspects of flood and storm related assistance, and for related purposes

1  Short title

  This Act is the Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019.

2  Commencement

 (1) Each provision of this Act 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.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

5 April 2019

2.  Schedules 1 and 2

The first 1 January, 1 April, 1 July or 1 October to occur after the day this Act receives the Royal Assent.

1 July 2019

3.  Schedule 3

The day after this Act receives the Royal Assent.

6 April 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Flood assistance

 

Income Tax Assessment Act 1997

1  Section 11‑55 (after table item headed “demutualisation of private health insurers”)

Insert:

disasters

 

2019 floods—recovery grants...................

59‑85

2019 floods—on‑farm grant program.......

59‑86

2  At the end of Division 59

Add:

59‑85  2019 floods—recovery grants for small businesses, primary producers and non‑profit organisations

  A payment is not assessable income and is not *exempt income if:

 (a) for the purposes of the Disaster Recovery Funding Arrangements 2018 (set out in a determination made by the Minister for Law Enforcement and Cyber Security on 5 June 2018), the payment is a recovery grant made to a small business, primary producer or non‑profit organisation as part of a Category C or Category D measure; and

 (b) the payment relates to floods commencing in Australia in the period between 25 January 2019 and 28 February 2019.

59‑86  2019 floods—on‑farm grant program for primary producers

 (1) A payment is not assessable income and is not *exempt income if:

 (a) for the purposes of an agreement covered by subsection (2), the payment is a grant made to a primary producer; and

 (b) the grant is for replacing or repairing farm infrastructure, restocking, replanting, or a similar purpose.

 (2) An agreement is covered by this subsection if:

 (a) the agreement is entered into in the period between 1 February 2019 and 1 July 2019; and

 (b) the parties to the agreement are the Commonwealth and a State or Territory; and

 (c) the objective of the agreement is principally to assist primary producers impacted by floods commencing in Australia in the period between 25 January 2019 and 28 February 2019.

3  Application

The amendments made by this Schedule apply to assessments for the 2018‑19 income year and later income years.

Schedule 2—Storm assistance

 

Income Tax Assessment Act 1997

1  Section 11‑15 (after table item headed “defence”)

Insert:

disasters

 

2018 storms—relief payments..................

51‑125

2  At the end of Division 51

Add:

51‑125  2018 storms—relief payments

 (1) A payment is exempt from income tax if the payment:

 (a) is made to a primary producer for the purposes of an agreement covered by subsection (2); and

 (b) relates to storm damage sustained by the primary producer on or around 25 October 2018.

 (2) An agreement is covered by this subsection if:

 (a) the parties to the agreement are the Commonwealth and the Foundation for Rural and Regional Renewal; and

 (b) the objective of the agreement is principally to assist primary producers affected by storms that occurred on or around 25 October 2018.

Note: Payments may be made to primary producers by the Foundation for Rural and Regional Renewal, or by other entities on behalf of the Foundation.

3  Application

The amendments made by this Schedule apply to assessments for the 2018‑19 income year and later income years.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019

30, 2019

5 Apr 2019

Sch 1 and 2: 1 July 2019 (s 2(1) item 2)
Sch 3: 6 Apr 2019 (s 2(1) item 3)
Remainder: 5 Apr 2019 (s 2(1) item 1)

 

Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023

69, 2023

14 Sept 2023

Sch 4 (item 69): 15 Sept 2023 (s 2(1) item 5)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 3................

rep No 69, 2023

item 1...................

rep No 69, 2023

 

Overview

The Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019 was enacted by the Australian Parliament to address the urgent need for financial assistance for individuals and businesses affected by the severe floods in North Queensland during the 2018-2019 period. This Act was designed to provide specific tax relief measures to support the recovery efforts in the flood-affected regions. The policy objective was to ensure that recovery grants and relief payments provided to affected small businesses, primary producers, and non-profit organisations were not subject to income tax, thereby alleviating some of the financial burdens faced by these entities in the aftermath of the natural disasters. The Act includes amendments to the Income Tax Assessment Act 1997, specifying that certain disaster recovery grants and relief payments are exempt from assessable income and, in some cases, from income tax. These amendments aim to provide immediate financial relief to those impacted by the floods and storms, facilitating quicker recovery by ensuring that the recipients of these grants and payments are not further financially strained by tax liabilities. The Act came into effect on various dates, with some provisions taking effect upon Royal Assent and others on specific dates thereafter, as outlined in the Act.

Scope and Application

The Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019 applies to certain tax-related matters concerning assistance provided for the recovery of regions in North Queensland affected by floods in late January to early February 2019, and storms around mid-October 2018. Specifically, the Act amends the Income Tax Assessment Act 1997 to provide tax relief for small businesses, primary producers, and non-profit organisations in the form of non-assessable and non-exempt income for recovery grants related to the 2019 floods, and exempts from income tax relief payments made to primary producers for storm damage sustained around 25 October 2018. The amendments apply to assessments for the 2018-19 income year and subsequent income years. The Act does not explicitly exclude any persons, entities, industries, conduct, or transactions from its scope. However, the specific relief measures are targeted towards those directly impacted by the floods and storms in question. The Act's amendments extend to the Commonwealth jurisdiction, and no subordinate instruments are noted to further define or restrict its application.

Key Provisions

The Treasury Laws Amendment (North Queensland Flood Recovery) Act 2019 (C2019A00030) provides provisions for flood and storm related assistance, primarily through amendments to the Income Tax Assessment Act 1997 (ITAA 1997). The Act introduces specific tax exemptions and non-assessability provisions for payments made in response to the 2019 floods and the 2018 storms. These provisions are detailed in Schedules 1 and 2 of the Act, which amend the ITAA 1997. Schedule 1 of the Act pertains to flood assistance. It inserts specific provisions in the ITAA 1997 to exempt certain payments from being considered assessable income or exempt income. Specifically, section 59-85 exempts recovery grants made to small businesses, primary producers, and non-profit organisations for the 2019 floods from being assessable income, provided the grants are part of Category C or Category D measures under the Disaster Recovery Funding Arrangements 2018. Section 59-86 provides a similar exemption for grants made to primary producers to replace or repair farm infrastructure, restock, replant, or similar purposes, if these grants are part of an agreement between the Commonwealth and a State or Territory, entered into between 1 February 2019 and 1 July 2019, aimed at assisting with flood recovery. Schedule 2 of the Act pertains to storm assistance. It introduces a new section 51-125 in the ITAA 1997, exempting from income tax any payments made to primary producers in relation to storm damage sustained on or around 25 October 2018, provided these payments are made under an agreement between the Commonwealth and the Foundation for Rural and Regional Renewal, with the primary objective of assisting primary producers affected by the storms. Entities and individuals subject to the Act must adhere to the specific criteria outlined in the amended ITAA 1997 provisions to qualify for the tax exemptions. For example, to qualify for the flood-related exemptions, payments must be made under the specified agreements and for the stated purposes. Similarly, for storm-related exemptions, payments must be made under the agreement with the Foundation for Rural and Regional Renewal. The Act does not explicitly state penalties for non-compliance with these provisions. However, general tax laws apply, and failure to correctly apply these exemptions could result in the reassessment of income, additional taxes, interest, and potentially penalties under the ITAA 1997. These could include general penalties for failing to lodge a tax return, providing incorrect information, or other tax-related offences. The exact penalties would depend on the specific circumstances and the general provisions of the ITAA 1997.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Offence Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.