Commonwealth Consolidated Acts

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 138

Powers of Commissioner of Taxation as a result of delegation under section   137

  (1)   If a power or function under a provision of this Act is delegated to the Commissioner of Taxation under section   137, the Commissioner has the general administration of this Act to the extent of administering the provision.

Note:   The provision is therefore a taxation law for the purposes of the Taxation Administration Act 1953 (among other laws). That Act contains a wide range of provisions about gathering, protecting and dealing with information, the exercise of powers and the performance of functions, under taxation laws, and the enforcement of taxation laws.

  (2)   However, the following provisions of Schedule   1 to the Taxation Administration Act 1953 do not apply in relation to this Act:

  (a)   section   255 - 10 (to defer the payment time);

  (b)   Subdivision   255 - D in that Schedule (security deposits);

  (c)   Part   4 - 25 (charges and penalties), other than section   288 - 35 and Division   298 to the extent that it relates to that section;

  (d)   Part   4 - 50 (release from particular liabilities);

  (e)   paragraph   355 - 15(c) (application of Division   355);

  (f)   Part   5 - 5 (rulings);

  (g)   Division   444 (obligations of entities on behalf of other entities).

  (3)   To avoid doubt, the Secretary or a person engaged under the Public Service Act 1999 who is employed in the Department may be a taxation officer (within the meaning of subsection   8J(1) of the Taxation Administration Act 1953 ) to the extent that this Act is a taxation law.

Powers of Commissioner of Taxation as a result of delegation under section   101F

  (3A)   Subsections   (1) to (3) apply in relation to a delegation to the Commissioner of Taxation under section   101F in the same way as they apply in relation to a delegation to the Commissioner under section   137.

Note:   Section   101F allows for the delegation to the Commissioner of certain powers and functions under the Regulatory Powers Act (as it applies in relation to this Act).

  (3B)   However, for the purposes of applying subsection   (2) in relation to a delegation to the Commissioner of Taxation under section   101F, treat that subsection as including the following paragraph:

  (da)   sections   353 - 10 and 353 - 15 (powers to obtain information and evidence and access premises);

Powers of Commissioner of Taxation as a result of request by Treasurer

  (4)   The Treasurer may request, in writing, the Commissioner of Taxation to exercise his or her powers under section   353 - 10 or 353 - 15 (powers to obtain information and evidence and access premises) in Schedule   1 to the Taxation Administration Act 1953 in relation to a matter if a power or function has not been delegated to the Commissioner under section   137 in relation to the matter.

  (5)   If the Treasurer does so, the Commissioner of Taxation (or an individual authorised by the Commissioner) may exercise his or her powers under those sections of that Act as if a reference in those sections to a taxation law included a reference to this Act to the extent that it relates to the matter.