Commonwealth Consolidated Acts

CROWN DEBTS (PRIORITY) ACT 1981 - SECT 4

    Nothing in section   3, or in the Corporations Act 2001 affects the operation of former subsections 221YHJ(3), (4) and (5) or 221YHZD(3), (4) and (5) or former section   221YU of the Income Tax Assessment Act 1936 or of section   32 of the Life Insurance Policy Holders' Protection Levies Collection Act 1991 .

Note:   The provisions of the Income Tax Assessment Act 1936 referred to do not apply to liabilities arising after 30   June 1993 .

Notes to the Crown Debts (Priority) Act 1981

Note 1

The Crown Debts (Priority) Act 1981 as shown in this compilation comprises Act No.   93, 1981 amended as indicated in the Tables below.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001 , see Act No.   55, 2001.

All relevant information pertaining to application, saving or transitional provisions prior to 14   September 2006 is not included in this compilation. For subsequent information see Table A .

Table of Acts

(a)   The Crown Debts (Priority) Act 1981 was amended by subsection 18(2) only of the Corporations Legislation Amendment Act 1990 , subsection 2(2) of which provides as follows:

  (2)   The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(b)   The Crown Debts (Priority) Act 1981 was amended by Part   5 (sections   12 and 13) only of the Corporations Legislation Amendment Act 1991 , subsection 2(9) of which provides as follows:

  (9)   Part   5 is taken to have commenced on 1   January 1991 .

(c)   The Insolvency (Tax Priorities) Legislation Amendment Act 1993 was amended by Schedule   3 (item   32) only of the Statute Law Revision Act 1996 , subsection 2(3) of which provides as follows:

  (3)   Each item in Schedule   3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(d)   The Crown Debts (Priority) Act 1981 was amended by the Taxation Laws Amendment Act (No.   3) 1995 , subsection 2(1) of which provides as follows:

  (1)   Subject to subsection   ( 2), this Act commences on the day on which it receives the Royal Assent.

(e)   The Crown Debts (Priority) Act 1981 was amended by Schedule   3 (item   151) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001 , subsection 2(3) of which provides as follows:

  (3)   Subject to subsections   ( 4) to (10) , Schedule   3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001 .

Table of Amendments

Table A

Application, saving or transitional provisions

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006
(No.   101, 2006 )

Schedule   6

1   Application of Schedule   1 and 2 amendments

Except as mentioned in items   2 and 3, the repeals and amendments made by Schedules   1 and 2 apply:

  (a)   so far as they affect assessments--to assessments for the 2006 - 07 income year and all later income years; and

  (b)   otherwise--to acts done or omitted to be done, or states of affairs existing, after the commencement of the repeals and amendments.

6   Object

The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:

  (a)   any act done or omitted to be done; or

  (b)   any state of affairs existing; or

  (c)   any period ending;

before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.

7   Making and amending assessments, and doing other things, in relation to past matters

Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003 ):

  (a)   making or amending an assessment (including under a provision that is itself repealed or amended);

  (b)   exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);

in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.

Example 1:   On 31   July 1999 , Greg Ltd lodged its annual return under former section   160ARE of the Income Tax Assessment Act 1936 . The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998 - 99 franking year. Under former section   160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.

  Following an audit undertaken after the repeal of Part   IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998 - 99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.

  The Commissioner can amend the assessment under former section   160ARN of that Act, because item   7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998 - 99 franking year. Item   7 will also disregard the repeal of Division   11 of former Part   IIIAA to the extent necessary for the Commissioner to assess Greg Ltd's liability to a penalty by way of additional tax.

  Despite the repeal of sections   160ARU and 160ARV, item   9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.

  Item   7 will also preserve Greg Ltd's right, under former section   160ART of that Act, to object against the Commissioner's amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part   IIIAA.

Example 2:   During the 1997 - 98 income year, Duffy Property Ltd withheld amounts from its employees' wages as required by former Divisions   1AAA and 2 of Part   VI of the Income Tax Assessment Act 1936 . The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.

  Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company's records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section   222AGA of that Act, the Commissioner makes an estimate of the liability.

  Item   7 will disregard the repeal of section   220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.

8   Saving of provisions about effect of assessments

If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.

9   Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty

If:

  (a)   a provision or part of a provision that is repealed or amended by this Act provides for the payment of:

  (i)   general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936 ); or

  (ii)   interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983 ; and

  (b)   in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953 ) has not begun, or has begun but not ended, when the provision is repealed or amended;

then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.

10   Repeals disregarded for the purposes of dependent provisions

If the operation of a provision (the subject provision ) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003 ) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.

11   Schedule does not limit operation of section   8 of the Acts Interpretation Act 1901

This Schedule does not limit the operation of section   8 of the Acts Interpretation Act 1901 .