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FRINGE BENEFITS TAX (APPLICATION TO THE COMMONWEALTH) ACT 1986 - NOTES

No. 42, 1986 as amended

Compilation start date:   1 July 2014

Includes amendments up to: Act No. 62, 2014

 

About this compilation

This compilation

This is a compilation of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 7 August 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

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

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

2A Objects

3 Interpretation

4 Application of Assessment Act in relation to Commonwealth employment

5 Application of Act to certain Commonwealth authorities

5A Modified objection, review and appeal provisions

6 Exemption of certain benefits provided under the Defence Service Homes Act

6AA Exemption of benefits provided to certain people

6AB Exemption of benefits provided to Commonwealth employees under the Entitlements Act and the Military Rehabilitation and Compensation Act

6AC Exemption of health care benefits provided to certain members of the Defence Force

6A No entitlement to rebate of tax

7 Directions by Finance Minister

8  Annual report

9 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Uncommenced amendments [none]

Endnote 6--Modifications [none]

Endnote 7--Misdescribed amendments [none]

Endnote 8--Miscellaneous [none]

 

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Uncommenced amendments

Endnote 6--Modifications

Endnote 7--Misdescribed amendments

Endnote 8--Miscellaneous

 

If there is no information under a particular endnote, the word "none" will appear in square brackets after the endnote heading.

 

Abbreviation key--Endnote 2

The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments--Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications--Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments--Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous--Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)

 

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Fringe Benefits (Application to the Commonwealth) Act 1986

42, 1986

24 June 1986

24 June 1986 (s. 2)

 

Taxation Boards of Review (Transfer of Jurisdiction) Act 1986

48, 1986

24 June 1986

s 31 and Parts VII and VIII (s 45-56): 24 June 1986 (s. 2(2))
Remainder: 1 July 1986

--

Taxation Laws Amendment Act (No. 3) 1991

216, 1991

24 Dec 1991

s 113, 114 and 116: 1 Mar 1992 (Gazette 1992, No. GN7) (a)

s 114 and 116

Taxation Laws Amendment (Fringe Benefits Tax Measures) Act 1992

223, 1992

24 Dec 1992

1 Apr 1994

s. 4

Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995

146, 1995

12 Dec 1995

s 3(5) and Sch 13: Royal Assent (b)

Sch 13 (item 3)

A New Tax System (Fringe Benefits Reporting) Act 1999

17, 1999

19 Apr 1999

Sch 1 (items 17, 18): Royal Assent (c)

--

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Sch 1 (item 494): 5 Dec 1999 ( Gazette 1999, No. S584) (d)

--

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

52, 2004

27 Apr 2004

Sch 3 (items 22, 23): 1 July 2004 (s. 2)

--

Tax Laws Amendment (2009 Measures No. 4) Act 2009

88, 2009

18 Sept 2009

Sch 5 (items 14-18): Royal Assent

--

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Sch 6 (item 129): 19 Apr 2011

--

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 636-640) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch 2 (item 640) and Sch 3 (items 10, 11)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 9 (item 91) and Sch 14 (items 1-4): 1 July 2014 (s 2(1) items  6, 14)

Sch 14 (items 1-4)

(a) The Fringe Benefits Tax (Application to the Commonwealth) Act 1986 was amended by section 113 only of the Taxation Laws Amendment Act (No. 3) 1991 , subsection 2(10) of which provides as follows:

 (10) Subject to subsection (11), sections 112 to 117 (inclusive) commence on a day to be fixed by Proclamation.

(b) The Fringe Benefits Tax (Application to the Commonwealth) Act 1986 was amended by the Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995, subsection 2(1) of which provides as follows:

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

(c) The Fringe Benefits Tax (Application to the Commonwealth) Act 1986 was amended by Schedule 1 (items 17 and 18) only of the A New Tax System (Fringe Benefits Reporting) Act 1999, subsection 2(1) of which provides as follows:

 (1) This Act commences on the day on which it receives the Royal Assent.

(d) The Fringe Benefits Tax (Application to the Commonwealth) Act 1986 was amended by Schedule 1 (item 494) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections  2(1) and (2) of which provide as follows:

 (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 (2) Subject to this section, this Act commences at the commencing time.

Endnote 4--Amendment history

 

Provision affected

How affected

Title....................

am. No. 17, 1999

s. 2A....................

ad. No. 17, 1999

s. 3.....................

am. No. 146, 1995; No. 146, 1999; No. 88, 2009; No. 5, 2011; No  62, 2014

s. 4.....................

am. No. 48, 1986; No. 216, 1991; No. 46, 2011

s. 5.....................

am. No. 46, 2011

s. 5A....................

ad. No. 216, 1991

s. 6A....................

ad. No. 223, 1992

s. 6AA..................

ad. No. 146, 1995

 

am. No. 52, 2004

Heading to s. 6AB...........

am. No. 52, 2004

s. 6AB..................

ad. No. 146, 1995

 

am. No. 52, 2004

s. 6AC..................

ad. No. 146, 1995

Heading to s. 7.............

am. No. 88, 2009

s. 7.....................

am. No. 88, 2009

Endnote 5--Uncommenced amendments [none]

Endnote 6--Modifications [none]

Endnote 7--Misdescribed amendments [none]

Endnote 8--Miscellaneous [none]

 


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