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TAX AND SUPERANNUATION LAWS AMENDMENT (2015 MEASURES NO. 1) ACT 2015 - SCHEDULE 6

Miscellaneous amendments

Part   1 -- General amendments

A New Tax System (Goods and Services Tax) Act 1999

1   Section   23 - 1 (diagram)

Repeal the diagram, substitute:

 

2   Paragraph 134 - 10(1)(e)

Omit "from you", substitute "you make".

Charities (Consequential Amendments and Transitional Provisions) Act 2013

3   Item   31 of Schedule   1

Omit "trusts", substitute "trust".

Fringe Benefits Tax Assessment Act 1986

4   Subsection   136(1) ( subparagraph   ( b)(iii) of the definition of in - house residual fringe benefit )

Omit "property", substitute "benefits".

Fuel Tax Act 2006

5   Subsection   3 - 5(3) (table)

Repeal the table, substitute:

Common definitions that are not asterisked

Item

This term:

1

Commissioner

2

entity

3

fuel tax

4

fuel tax credit

5

indirect tax zone

6

taxable fuel

7

you

6   Subsections   41 - 5(1) and 41 - 10(1), (2) and (3)

Omit "Australia", substitute "the indirect tax zone".

7   Section   42 - 5

Omit "Australia", substitute "the indirect tax zone".

8   Paragraph 43 - 7(5)(a)

Omit "Australia", substitute "the indirect tax zone".

9   Section   110 - 5 (definition of Australia )

Repeal the definition.

10   Section   110 - 5

Insert:

"indirect tax zone" has the meaning given by section   195 - 1 of the * GST Act.

11   Section   110 - 5 ( paragraph   ( d) of the definition of taxable fuel )

Omit "Australia", substitute "the indirect tax zone".

12   Application

The amendments of the Fuel Tax Act 2006 made by this Part apply to taxable fuel acquired, manufactured or imported on or after 1   July 2015.

Income Tax Assessment Act 1997

13   Section   13 - 1 (table item headed "primary production")

Omit:

farm household allowance see social security and other benefit payments  


 

substitute:

farm household allowance see social security and other benefit payments


 

14   Section   13 - 1 (table item headed "social security and other benefit payments")

Omit:

farm household allowance under the Farm Household Support Act 2014 see unemployment, sickness and other benefit payments under the Social Security Act 1991              


 

substitute:

farm household allowance under the Farm Household Support Act 2014 see unemployment, sickness and other benefit payments under the Social Security Act 1991


 

15   Paragraph 25 - 110(1)(a)

Omit " * carrying on", substitute "carrying on".

16   Paragraph 26 - 47(3)(b)

Omit " * carry on", substitute "carry on".

17   Paragraph 30 - 242(3A)(b)

Omit " * carrying on", substitute "carrying on".

18   Paragraph 35 - 5(1)(a)

Omit " * carried on", substitute "carried on".

19   Subsection   35 - 5(2)

Omit " * carrying on", substitute "carrying on".

20   Subsection   35 - 10(2A)

Omit " * carry on", substitute "carry on".

21   Paragraph 35 - 10(2B)(a)

Omit " * carry on", substitute "carry on".

22   Subsections   35 - 10(2C) and (2D)

Omit " * carried on", substitute "carried on".

23   Paragraphs 40 - 880(1)(c) and (2)(b)

Omit " * carried on", substitute "carried on".

24   Subsections   40 - 880(3) and (4)

Omit " * carry on", substitute "carry on".

25   Subsection   40 - 880(7)

Omit " * carried on", substitute "carried on".

26   Paragraph 41 - 20(1)(d)

Omit " * carrying on", substitute "carrying on".

27   Subparagraph 83A - 130(1)(a)(ii)

After "of the old company", insert "or a * demerger subsidiary of the old company".

28   Application

The amendment of section   83A - 130 of the Income Tax Assessment Act 1997 made by this Part applies in relation to ESS interests acquired on or after 1   July 2009.

29   Section   104 - 5 (cell at table item dealing with CGT event K1, column headed "Event number and description")

Omit " * Kyoto unit or an * Australian carbon credit unit", substitute "Kyoto unit or an Australian carbon credit unit".

30   Section   112 - 97 (table item   18A, column headed "In this situation")

Omit " * Kyoto unit", substitute "Kyoto unit".

31   Subsection   219 - 30(1)

Omit "items   2 and 3", substitute "items   2 and 2A".

32   Subsection   316 - 65(1) (definitions of embedded value of the friendly society's other business (if any) and market value of the friendly society's health insurance business (if any) )

Omit " * carried on", substitute "carried on".

33   Paragraphs 415 - 15(3)(b) and 415 - 20(1)(b) and (2)(b)

Omit " * carries on", substitute "carries on".

34   Paragraph 415 - 20(4)(a)

Omit " * carrying on", substitute "carrying on".

35   Subsection   995 - 1(1) (definition of available frankable profits )

Omit "give", substitute "given".

36   Subsection   995 - 1(1) ( paragraph   ( a) of the definition of foreign resident life insurance policy )

Omit " * carrying on", substitute "carrying on".

37   Subsection   995 - 1(1)

Insert:

"taxable dealing" , in relation to * wine, has the meaning given by section   33 - 1 of the * Wine Tax Act.

"wine" has the meaning given by Subdivision   31 - A of the * Wine Tax Act.

38   Subsection   995 - 1(1) (definition of wine taxable dealing )

Repeal the definition.

Income Tax Rates Act 1986

39   Section   12B (the section   12B inserted by item   1 of Schedule   1 to the Income Tax Rates Amendment (Temporary Flood and Cyclone Reconstruction Levy) Act 2011 )

Renumber as section   12C.

Income Tax Rates Amendment (Temporary Flood and Cyclone Reconstruction Levy) Act 2011

40   Item   1 of Schedule   2 (heading)

Omit " 12B ", substitute " 12C ".

Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012

41   Item   16 of Schedule   3

Omit " * mining operations", substitute "mining operations".

Product Stewardship (Oil) Act 2000

42   After section   4

Insert:

4A   Alternative constitutional basis

  (1)   Without limiting its effect apart from this section, this Act also has effect as provided by this section.

  (2)   This Act also has the effect it would have if its operation in relation to product stewardship (oil) benefits were expressly confined to an operation limited to product stewardship (oil) benefits in relation to external affairs.

  (3)   This Act also has the effect it would have if its operation in relation to product stewardship (oil) benefits were expressly confined to an operation limited to product stewardship (oil) benefits in relation to taxation.

Superannuation (Government Co - contribution for Low Income Earners) Act 2003

43   Paragraph 16(1)(d)

Omit "approved form", substitute "approved form,".

44   Subsection   16(3)

Omit "the prescribed information", substitute "a statement, in the approved form,".

45   Paragraph 20(1)(d)

Omit "approved form", substitute "approved form,".

46   Subsection   20(3)

Omit "the prescribed information", substitute "a statement, in the approved form,".

Tax Agent Services Act 2009

47   Subparagraph 20 - 5(2)(c)(ii)

Omit "; and; or", substitute "; or".

48   Subparagraph 20 - 5(2)(c)(iii)

Omit "arrangements.", substitute "arrangements; and".

49   Subparagraph 20 - 5(3)(d)(ii)

Omit "; and; or", substitute "; or".

50   Subparagraph 20 - 5(3)(d)(iii)

Omit "arrangements.", substitute "arrangements; and".

Taxation Administration Act 1953

51   Subsection   12 - 390(4) in Schedule   1 (note)

After "If the recipient", insert "is".

52   Section   105 - 1 in Schedule   1

Omit "your address for service of documents and".

53   Section   105 - 140 in Schedule   1

Repeal the section.

54   Application

The amendments of sections   105 - 1 and 105 - 140 in Schedule   1 to the Taxation Administration Act 1953 made by this Part apply on and after 1   July 2015.

55   Subsection   111 - 60(1) in Schedule   1

Omit "or a * wine taxable dealing", substitute ", or a * taxable dealing in relation to * wine,".

56   Paragraph 382 - 5(2)(c) in Schedule   1

Omit " * wine taxable dealing", substitute " * taxable dealing, in relation to * wine,".

57   Paragraph 426 - 55(1)(a) in Schedule   1

Repeal the paragraph, substitute:

  (a)   at any time after the date of effect of the endorsement, the entity is not, or was not, entitled to be endorsed; or

58   Subsection   426 - 55(3) in Schedule   1

After "is not", insert ", or was not,".

59   Application of amendments

The amendments of section   426 - 55 in Schedule   1 to the Taxation Administration Act 1953 made by this Part apply to a decision, on or after the commencement of this Part, to revoke an endorsement (regardless of when the endorsement took effect).

Taxation (Deficit Reduction) Act (No.   3) 1993

60   Subsection   2(3)

Repeal the subsection.

61   Division   4 of Part   2

Repeal the Division.

Taxation (Interest on Overpayments and Early Payments) Act 1983

62   Subparagraph 12A(1)(a)(i)

Omit "and subsection   204(3) of the Tax Act", substitute "of the Tax Act or section   5 - 15 of the Income Tax Assessment Act 1997 ".

63   Application

The amendment of section   12A of the Taxation (Interest on Overpayments and Early Payments) Act 1983 made by this Part is taken to have applied from the commencement of Schedule   1 to the Tax Laws Amendment (Transfer of Provisions) Act 2010 .

Treasury Legislation Amendment (Repeal Day) Act 2015

64   Item   73 of Schedule   2

Omit "Schedule", substitute "Part of this Schedule".

Part   2 -- Consequential amendments relating to the Public Governance, Performance and Accountability Act 2013

Australian Charities and Not - for - profits Commission Act 2012

65   Section   110 - 15 (note)

Repeal the note, substitute:

Note:   The expenditure of relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) must comply with the requirements in that Act.

66   Section   115 - 30

Repeal the section, substitute:

115 - 30   Disclosure of interests

  (1)   A disclosure by the Commissioner under section   29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

  (2)   Subsection   ( 1) applies in addition to any rules made for the purposes of that section.

  (3)   For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the Commissioner is taken not to have complied with section   29 of that Act if the Commissioner does not comply with subsection   ( 1) of this section.

67   Paragraph 115 - 50(2)(c)

Repeal the paragraph, substitute:

  (c)   the Commissioner fails, without reasonable excuse, to comply with section   29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or

68   Subsection   125 - 5(1)

Omit "(the Account )".

69   Subsection   125 - 5(2)

Repeal the subsection, substitute:

  (2)   The account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013 .

70   Section   125 - 10 (heading)

Repeal the heading, substitute:

125 - 10   Credits to the account

71   Section   125 - 10

Omit "Account" (first, second and third occurring), substitute "account".

72   Section   125 - 10 (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

73   Section   125 - 15 (heading)

Repeal the heading, substitute:

125 - 15   Purposes of the account

74   Section   125 - 15

Omit "Account" (first and second occurring), substitute "account".

75   Section   125 - 15 (note)

Repeal the note, substitute:

Note:   See section   80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

76   Subsection   135 - 15(2) (note)

Repeal the note, substitute:

Note:   The expenditure of relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) must comply with the requirements in that Act.

77   Section   140 - 20

Repeal the section, substitute:

140 - 20   Disclosure of interests

  (1)   A disclosure by a member of the Advisory Board under section   29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

  (2)   Subsection   ( 1) applies in addition to any rules made for the purposes of that section.

  (3)   For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , t he member is taken not to have complied with section   29 of that Act if the member does not comply with subsection   ( 1) of this section.

78   Subsections   145 - 5(5), (6) and (7)

Repeal the subsections.

79   Subsection   175 - 70(2) (note 1)

Omit "Note 1", substitute "Note".

80   Subsection   175 - 70(2) (note 2)

Repeal the note.

81   Section   300 - 5 (definition of Account )

Repeal the definition.



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