Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendments commencing day after Royal Assent
Australian Charities and Not - for - profits Commission Act 2012
1 At the end of section 60 - 65
Add:
Note: Section 175 - 35 provides for an administrative penalty for failing to give the Commissioner a statement required by this Act within the required time.
Australian Securities and Investments Commission Act 2001
2 Subsection 12(1)
Omit "may give ASIC a written direction", substitute "may, by legislative instrument, give ASIC a direction".
3 Subsection 12(5)
Repeal the subsection.
4 In the appropriate position
Insert:
Part 33 -- Transitional provision relating to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020
331 Transitional--directions by Minister
A direction given under subsection 12(1) of this Act that is in force immediately before the commencement of Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 continues in force (and may be dealt with) as if it had been given under that subsection as amended by that Part.
Business Names Registration Act 2011
5 Section 88
Repeal the section.
6 Paragraph 1(a) of Schedule 1
Omit " Co - operatives Act 1992 ", substitute " Co - operatives (Adoption of National Law) Act 2012 ".
7 Paragraph 2(a) of Schedule 1
Omit " Co - operatives Act 1996 ", substitute " Co - operatives National Law Application Act 2013 ".
8 Paragraph 5(a) of Schedule 1
Repeal the paragraph, substitute:
(a) the register of co - operatives established under the Co - operatives National Law (South Australia) Act 2013 of South Australia;
9 Paragraph 6(a) of Schedule 1
Omit " Cooperatives Act 1999 ", substitute " Co - operatives National Law (Tasmania) Act 2015 ".
10 Paragraph 7(a) of Schedule 1
Repeal the paragraph, substitute:
(a) the register of co - operatives established under the Co - operatives National Law (ACT) Act 2017 of the Australian Capital Territory;
11 Paragraph 8(a) of Schedule 1
Omit " Co - operatives Act ", substitute " Co - operatives (National Uniform Legislation) Act 2015 ".
Commonwealth Grants Commission Act 1973
12 Subsection 5(2)
Omit "the Northern Territory" (second and third occurring), substitute "that Territory".
13 Subsection 8(3)
Omit "his or her", substitute "the member's".
14 Subsection 8(6A)
Omit "his or her", substitute "the Chairperson's".
15 Subsection 8(6A) and section 9
Omit "he or she shall", substitute "the Chairperson is to".
16 Subsection 9A(1)
Omit "he or she shall", substitute "the member is to".
17 Subsection 11(1)
Repeal the subsection, substitute:
(1) A member may resign the member's appointment by giving the Governor - General a written resignation.
(1A) The resignation takes effect on the day it is received by the Governor - General or, if a later day is specified in the resignation, on that later day.
18 Subsection 12(7)
Omit "his or her", substitute "the member's".
19 Subsection 12(7)
Omit "he or she", substitute "the member".
20 Paragraph 13(1)(c)
Omit "his or her", substitute "the Chairperson's".
21 Paragraph 13(2)(c)
Omit "his or her", substitute "the part - time member's".
22 Subsections 14(5) and 15(1)
Omit "he or she", substitute "the Chairperson".
23 Section 16AA (heading)
Omit " Inquiries relating ", substitute " Assistance ".
24 Subsection 19(1)
Omit "may, by writing under his or her hand, determine", substitute "may determine in writing".
25 Subsection 19(2)
Omit "he or she may, by writing under his or her hand", substitute "the Chairperson may, in writing".
26 After subsection 19(2)
Insert:
(2A) A determination made under subsection (1) is not a legislative instrument.
27 Subsection 23(1)
Omit "him or her", substitute "the person".
28 Section 24
Omit "he or she", substitute "the person".
29 Subsection 25(3)
Omit "him or her as he or she", substitute "the Minister as the Minister".
Competition and Consumer Act 2010
30 Section 4B
Repeal the section, substitute:
For the purposes of this Act, unless the contrary intention appears, a person is taken to have acquired particular goods or services as a consumer if the person would be taken to have acquired the goods or services as a consumer under section 3 of the Australian Consumer Law.
31 Subsection 56AI(4)
Omit "Subsection 4B(1)", substitute "Section 4B".
32 Subsection 90(8)
Omit "to the extent that", substitute "if".
33 Paragraph 154G(1)(d)
After "accessible by doing so", insert "(including evidential material not held at the premises)".
34 Subsection 154V(3) (heading)
Omit " Affect ", substitute " Effect ".
Note: This item fixes a grammatical error.
35 Section 260 of Schedule 2
Before "A failure", insert "(1)".
36 At the end of section 260 of Schedule 2
Add:
(2) A failure to comply with a guarantee referred to in section 259(1)(b) that applies to a supply of goods is also a major failure if:
(a) the failure is one of 2 or more failures to comply with a guarantee referred to in section 259(1)(b) that apply to the supply; and
(b) the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of those failures, taken as a whole.
Note: The multiple failures do not need to relate to the same guarantee.
(3) Subsection (2) applies regardless of whether the consumer has taken action under section 259 in relation to any of the failures.
37 Section 268 of Schedule 2
Before "A failure", insert "(1)".
38 At the end of section 268 of Schedule 2
Add:
(2) A failure to comply with a guarantee referred to in section 267(1)(b) that applies to a supply of services is also a major failure if:
(a) the failure is one of 2 or more failures to comply with a guarantee referred to in section 267(1)(b) that apply to the supply; and
(b) the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of those failures, taken as a whole.
Note: The multiple failures do not need to relate to the same guarantee.
(3) Subsection (2) applies regardless of whether the consumer has taken action under section 267 in relation to any of the failures.
39 In the appropriate position in Chapter 6 of Schedule 2
Insert:
303 Application of amendments relating to multiple non - major consumer guarantee failures
(1) The amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 apply in relation to goods supplied under a contract entered into on or after the day that that Part commences.
(2) The amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 apply in relation to a services supplied under a contract entered into on or after the day that that Part commences.
40 Section 9
Insert:
"ASIC delegate" has the same meaning as in the ASIC Act.
41 Section 9 (definition of Commission delegate )
Repeal the definition.
42 Section 9 (paragraph (c) of the definition of professional investor )
Repeal the paragraph, substitute:
(c) the person is a registered entity within the meaning of the Financial Sector (Collection of Data) Act 2001 ;
43 Section 106
Omit "a Commission", substitute "an ASIC".
44 Section 106
Omit "the Commission", substitute "the ASIC".
45 Paragraph 761EA(10)(b)
Omit "for the purposes of the Legislative Instruments Act 2003 ".
Note: This item removes an incorrect and redundant citation of a short title of an Act.
46 Subsection 850B(2)
Omit "earlier than the day after the last day on which the regulations may be disallowed under Part 5 of the Legislative Instruments Act 2003 ", substitute "before the first day those regulations are no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act 2003 ".
Note: This item fixes an incorrect cross - reference and an incorrect citation of a short title of an Act.
47 Paragraph 985M(6)(b)
Omit "for the purposes of the Legislative Instruments Act 2003 ".
Note: This item removes an incorrect and redundant citation of a short title of an Act.
48 Subsection 1017BB(5AA) (heading)
Repeal the heading.
Note: This item and item 49 relocate a subsection heading to its appropriate position.
49 Before subsection 1017BB(6)
Insert:
Definitions
Note: This item and item 48 relocate a subsection heading to its appropriate position.
50 Paragraph 1315(1)(b)
Omit "a Commission", substitute "an ASIC".
51 Subsection 1317E(3) (table item dealing with subsection 588GAB(2))
Omit "Subsection", substitute "subsection".
Note: This item changes the capitalisation of the first word in a table item, for consistency with current drafting practice in that table.
52 Subsection 1317E(3) (table item dealing with subsection 588GAC(2))
Omit "Subsection", substitute "subsection".
Note: This item changes the capitalisation of the first word in a table item, for consistency with current drafting practice in that table.
53 Subsection 1317E(3) (table item dealing with subsection 1317AAE(1))
Omit "Subsection", substitute "subsection".
Note: This item changes the capitalisation of the first word in a table item, for consistency with current drafting practice in that table.
54 Subsection 1317E(3) (table item dealing with subsections 1317AC(1), (2) and (3))
Omit "Subsections", substitute "subsections".
Note: This item changes the capitalisation of the first word in a table item, for consistency with current drafting practice in that table.
55 At the end of paragraphs 32(1)(a) to (j) of Schedule 4
Add ";".
Note: This item adds semi - colons at the end of paragraphs, for consistency with current drafting practice.
56 Paragraph 200(2)(b)
After "endorsed", insert "(including by electronic means)".
57 Paragraphs 211(1)(b) and 212(1)(b)
Omit "$50,000", substitute "$100,000".
58 Subsection 213(7)
Omit "$25,000", substitute "$50,000".
National Consumer Credit Protection Act 2009
59 Paragraph 167(3)(d)
Omit "court in foreign country", substitute "court in a foreign country".
Note: This item fixes a grammatical error.
60 Subsections 194(3), (4) and (5) of the National Credit Code (headings)
Omit " etc ", substitute " etc. ".
Note: This item fixes a spelling error.
National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009
61 Subitem 4(2) of Schedule 8
Omit "National Consumer and Credit Protection Act 2009", substitute " National Consumer Credit Protection Act 2009 ".
Note: This item fixes an incorrect citation of a short title of an Act.
Superannuation Guarantee (Administration) Act 1992
62 Subsection 23(12)
Repeal the subsection, substitute:
Reduction of ordinary time earnings base if amount excluded from employee's salary or wages
(12) If:
(a) because of section 27 or 28, an amount of an employee's salary or wages is not taken into account for the purpose of making a calculation under section 19; and
(b) a portion of that amount (which could be all of it) is included in the employee's ordinary time earnings base for the quarter in respect of the employer;
for the purposes of this section, the employee's ordinary time earnings base for the quarter in respect of the employer is taken to be reduced by an amount equal to that portion.
63 Subsection 26(1)
Omit "excluded salary or wages are paid by an employer to an employee", substitute "the only salary or wages paid by an employer to an employee are excluded salary or wages".
64 Subsection 27(2)
Repeal the subsection, substitute:
(2) If:
(a) an employer pays an employee salary or wages in a calendar month; and
(b) the portion of those salary or wages that is not covered by subsection (1) is less than $450;
that portion of those salary or wages is not to be taken into account for the purpose of making a calculation, in relation to the employer and the employee, under section 19.
Superannuation Industry (Supervision) Act 1993
65 Subsection 10(1)
Insert:
"lifecycle exception" has the meaning given by subsection 29TC(2).
66 Paragraph 29TC(1)(c)
Omit "(see subsection (2))".
67 Paragraph 29VA(9)(b)
Omit "an age cohort identified in the governing rules in relation to the MySuper product for the purposes of this subsection", substitute "a subclass of the members of the fund who hold the MySuper product to whom gains and losses from different classes of asset of the fund may be streamed in accordance with a lifecycle exception".
68 Paragraph 29VA(9)(c)
Repeal the paragraph.
69 Paragraph 29VA(9)(d)
Repeal the paragraph, substitute:
(d) the investment fees for each such subclass reflect a fair and reasonable attribution of the investment costs of the fund between all such subclasses.
70 After subsection 68AAA(2)
Insert:
(2A) A member's election:
(a) that:
(i) is given under subsection (2); or
(ii) because of a previous application of this subsection, is taken to have been given under subsection (2);
to the trustee of a regulated superannuation fund (the original fund ); and
(b) that is in force immediately before the transfer of the benefits of the member from the original fund to another regulated superannuation fund (the successor fund );
continues in force (and may be dealt with) as if it had been given under subsection (2) to the trustee of the successor fund, if:
(c) the successor fund confers on the member equivalent rights to the rights the member had under the original fund in respect of the benefits; and
(d) before the transfer, the trustee of the successor fund had agreed with the trustee of the original fund that the successor fund will confer such equivalent rights on the member.
71 After subsection 68AAB(3)
Insert:
(3A) A member's election:
(a) that:
(i) is given under subsection (2); or
(ii) because of a previous application of this subsection, is taken to have been given under subsection (2);
to the trustee of a regulated superannuation fund (the original fund ); and
(b) that is in force immediately before the transfer of the benefits of the member from the original fund to another regulated superannuation fund (the successor fund );
continues in force (and may be dealt with) as if it had been given under subsection (2) to the trustee of the successor fund, if:
(c) the successor fund confers on the member equivalent rights to the rights the member had under the original fund in respect of the benefits; and
(d) before the transfer, the trustee of the successor fund had agreed with the trustee of the original fund that the successor fund will confer such equivalent rights on the member.
72 After subsection 68AAC(3)
Insert:
(3A) A member's election:
(a) that:
(i) is given under subsection (2); or
(ii) because of a previous application of this subsection, is taken to have been given under subsection (2);
to the trustee of a regulated superannuation fund (the original fund ); and
(b) that is in force immediately before the transfer of the benefits of the member from the original fund to another regulated superannuation fund (the successor fund );
continues in force (and may be dealt with) as if it had been given under subsection (2) to the trustee of the successor fund, if:
(c) the successor fund confers on the member equivalent rights to the rights the member had under the original fund in respect of the benefits; and
(d) before the transfer, the trustee of the successor fund had agreed with the trustee of the original fund that the successor fund will confer such equivalent rights on the member.
73 Subsection 105(3) (paragraph (a) of the definition of member or beneficiary report )
Omit " Superannuation (Excluded Funds) Taxation Act 1987 ", substitute " Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 ".
Superannuation (Unclaimed Money and Lost Members) Act 1999
74 Subparagraph 20QA(1)(a)(ix)
Omit "68AAB(5)", substitute "68AAB(2), (5)".
75 At the end of paragraph 20QA(1)(a)
Add:
(x) no benefit that despite section 68AAC of the SIS Act could, because of the application of subsection 68AAC(2) of that Act, be provided to, or in respect of, the member under the product by taking out or maintaining insurance is provided in that way; and
Taxation Administration Act 1953
76 Subsection 14ZL(1)
Omit "of regulations", substitute "a legislative instrument".
77 Subparagraph 284 - 75(4)(b)(iii) in Schedule 1
Omit "by you", substitute "to you".
78 Paragraph 396 - 115(1)(a) in Schedule 1
After "Entity", insert "(other than a * self managed superannuation fund or a * small superannuation fund)".
79 After paragraph 396 - 115(3)(a) in Schedule 1
Insert:
(aa) a * self managed superannuation fund account;
(ab) a * small superannuation fund account;
80 Paragraph 396 - 130(1)(d) in Schedule 1
Repeal the paragraph, substitute:
(d) one or more of the following:
(ia) the Reporting Financial Institution;
(ib) the Account Holder (within the meaning of the CRS);
(ic) an intermediary of the Reporting Financial Institution or the Account Holder;
(id) any other entity;
undertook a transaction, or entered into an * arrangement:
(i) for the purpose of causing the account not to be such a Reportable Account; or
(ii) for 2 or more purposes of which that purpose is the dominant purpose.
81 Repeals of Acts
Repeal the following Acts:
Census and Statistics Act 1920
Census and Statistics Act 1930
Commonwealth Grants Commission Act 1976
Commonwealth Inscribed Stock Act 1913
Income Tax Assessment Act (No. 2) 1969
Income Tax (International Agreements) Act 1960
International Finance Corporation Act 1961
International Finance Corporation Act 1963
International Finance Corporation Act 1966
Sales Tax Assessment Act (No. 1A) 1930
Sales Tax (Exemptions and Classifications) Act 1960
States Grants (Coal Mining Industry Long Service Leave) Act 1961
States Grants (Coal Mining Industry Long Service Leave) Act 1968
States Grants (Petroleum Products) Act 1969
States Grants (Petroleum Products) Act (No. 2) 1965
Part 2 -- Amendments commencing first day of first quarter after Royal Assent
Income Tax Assessment Act 1997
82 Section 40 - 10 (table item 1.5, column headed "Major topic")
Omit:
substitute:
83 After subsection 116 - 30(2B)
Insert:
(2C) Subsection (2) does not apply if:
(a) you are a * complying superannuation fund, a * complying approved deposit fund or a * pooled superannuation trust; and
(b) the * capital proceeds from the * CGT event exceed the * market value of the * CGT asset; and
(c) assuming the capital proceeds were your * statutory income, the proceeds would be * non - arm's length income.
84 Section 118 - 320
Before "A * capital gain", insert "(1)".
85 At the end of section 118 - 320
Add:
(2) However, subsection (1) does not apply to a * capital gain if the capital gain would, if it were an amount of * ordinary income or * statutory income received by the * complying superannuation fund, be * non - arm's length income.
86 Paragraphs 230 - 365(a) and (d)
Omit "highly".
87 Section 295 - 495 (at the end of the table)
Add:
6 | CSF N - CSF * RSA provider | An amount payable to a person under an income stream because of the person's temporary inability to engage in * gainful employment |
88 Subdivision 295 - J (heading)
Omit " 4 years ", substitute " 5 years ".
89 Subsection 295 - 675(1)
After "income year", insert "of the provider".
90 At the end of subsection 295 - 675(1)
Add:
Note: In certain circumstances the superannuation provider or RSA provider can get a refund of the tax offset under Division 67.
91 Subsection 295 - 675(2)
Repeal the subsection (including the note), substitute:
(2) An amount of tax counts towards the offset for the provider for the current year if subsection (3), (4) or (5) applies for the provider and the tax.
Superannuation providers and RSA providers--main case
(3) This subsection applies for the provider and the tax if:
(a) the tax was payable by the provider in one of the most recent 3 income years of the provider ending before the current year; and
(b) the tax was payable on an amount of * no - TFN contributions income of the fund or * RSA provider; and
(c) the amount of no - TFN contributions income was a contribution made to the fund or provider to provide * superannuation benefits for an individual who, in the current year, has * quoted (for superannuation purposes) the individual's * tax file number to the provider for the first time.
Superannuation providers of successor funds
(4) This subsection applies for the provider (the current provider ) and the tax if:
(a) the tax was payable on an amount of * no - TFN contributions income that:
(i) was no - TFN contributions income of another * superannuation fund (the previous fund ); and
(ii) was a contribution made to the previous fund to provide * superannuation benefits for an individual; and
(b) the tax was so payable by the * superannuation provider (the previous provider ) of the previous fund; and
(c) the tax was so payable in:
(i) one of the most recent 3 income years of the previous provider ending before the current year; or
(ii) an income year of the previous provider ending or starting in the current year; and
(d) the current provider is the superannuation provider of a * successor fund in relation to the individual and the previous fund; and
(e) the individual:
(i) never * quoted (for superannuation purposes) the individual's * tax file number to the previous provider; but
(ii) has, in the current year, done so to the current provider for the first time.
RSA providers of successor funds
(5) This subsection applies for the provider (the current provider ) and the tax if:
(a) the tax was payable on an amount of * no - TFN contributions income that:
(i) was no - TFN contributions income of another * RSA provider (the previous provider ); and
(ii) was a contribution made to the previous provider to provide * superannuation benefits for an individual; and
(b) the tax was so payable by the previous provider; and
(c) the tax was so payable in:
(i) one of the most recent 3 income years of the previous provider ending before the current year; or
(ii) an income year of the previous provider ending or starting in the current year; and
(d) the current provider is the * superannuation provider of a * successor fund in relation to the individual and an * RSA of the previous provider; and
(e) the individual:
(i) never * quoted (for superannuation purposes) the individual's * tax file number to the previous provider but
(ii) has, in the current year, done so to the current provider for the first time.
92 Subsection 307 - 5(1) (table item 5, column 2)
Omit "or subsection 24G(2) or (3A)", substitute "or subsection 24G(2) or (3A) or 24NA(2), (3) or (4)".
93 Paragraph 307 - 120(2)(e)
Omit "or 24G(2), (3A) or (3B)", substitute ", 24G(2), (3A) or (3B) or 24NA(2), (3) or (4)".
94 Subsection 307 - 142(1)
Omit "or 24G(2), (3A) or (3B)", substitute ", 24G(2), (3A) or (3B) or 24NA(2), (3) or (4)".
95 Subsection 307 - 142(2) (method statement, step 1, at the end of the note)
Add:
A payment under subsection 24NA(2) or (3) of that Act may be attributable to more than one unclaimed amount.
96 Subsection 307 - 142(3B)
Omit "or 24G(3A) or (3B)", substitute ", 24G(3A) or (3B) or 24NA(4)".
97 Subsection 307 - 300(1)
Omit "or 24G(2)", substitute ", 24G(2) or 24NA(2) or (3)".
98 Subsection 307 - 300(2) (method statement, step 1, at the end of the note)
Add:
A payment under subsection 24NA(2) or (3) of that Act may be attributable to more than one unclaimed amount.
99 After section 376 - 245
Insert:
376 - 247 Delegation by Arts Minister
(1) The * Arts Minister may, in writing, delegate all or any of the Arts Minister's powers under the provisions mentioned in subsection (2) to:
(a) the * Arts Secretary; or
(b) an SES employee, or acting SES employee, in the Department administered by the Arts Minister.
(2) For the purposes of subsection (1), the provisions are as follows:
(a) section 376 - 20 (issue of certificate for location offset);
(b) section 376 - 30 (determination of qualifying Australian production expenditure for location offset);
(c) section 376 - 45 (issue of certificate for PDV offset);
(d) section 376 - 50 (determination of qualifying Australian production expenditure for PDV offset);
(e) section 376 - 235 (notice of refusal to issue certificate for location offset or PDV offset);
(f) section 376 - 245 (revocation of certificate for location offset or PDV offset).
(3) In exercising powers under a delegation, the delegate must comply with any directions of the Arts Minister.
100 After paragraph 820 - 935(3)(a)
Insert:
(aa) the United Kingdom;
101 Paragraph 830 - 15(5)(a)
Omit "485AA(1)", substitute "485AA(2)".
102 Paragraphs 20 - 5(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) in the case of registration which is not a renewal--the individual maintains, or will be able to maintain, professional indemnity insurance that meets the Board's requirements; and
(d) in the case of a renewal of registration--the individual:
(i) maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements; and
(ii) has completed continuing professional education that meets the Board's requirements.
103 Paragraph 20 - 5(2)(d)
Repeal the paragraph, substitute:
(d) in the case of registration which is not a renewal--the partnership maintains, or will be able to maintain, professional indemnity insurance that meets the Board's requirements; and
(e) in the case of a renewal of registration--the partnership maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements.
104 Paragraph 20 - 5(3)(e)
Repeal the paragraph, substitute:
(e) in the case of registration which is not a renewal--the company maintains, or will be able to maintain, professional indemnity insurance that meets the Board's requirements; and
(f) in the case of a renewal of registration--the company maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements.
105 Paragraph 20 - 50(1)(a)
After "30 days", insert ", but not more than 90 days,".
106 Paragraph 20 - 50(1)(b)
Omit "shorter", substitute "other".
107 Subsection 20 - 50(2)
Repeal the subsection, substitute:
(2) Your registration is taken to continue until your application is decided, or you withdraw your application, whichever happens first.
108 Section 30 - 35
Omit "business or email address" (wherever occurring), substitute "address for service of notices".
109 Paragraphs 40 - 5(3)(b), 40 - 10(2A)(b) and 40 - 15(2A)(b)
Repeal the paragraphs, substitute:
(b) either:
(i) the Board considers that, due to a current investigation or the outcome of an investigation, it would be inappropriate to terminate your registration; or
(ii) the Board, within 30 days after receiving your surrender notice, decides to investigate you and considers that it would be inappropriate to terminate your registration.
110 Paragraph 70 - 10(d)
Omit "a shorter", substitute "another".
111 At the end of Division 70
Add:
Subdivision 70 - F -- Address for service of notices
Table of sections
70 - 60 Address for service of notices
70 - 65 How documents may be given
70 - 60 Address for service of notices
(1) An entity's address for service of notices by the Board for the purposes of this Act is:
(a) a physical address in Australia; or
(b) a postal address in Australia; or
(c) an electronic address;
that the entity has given the Board as the entity's address for service for the purposes of this Act.
(2) If an entity has given the Board more than one address for service for the purposes of subsection (1), the entity's address for service is such of those addresses as the Board considers reasonable in the circumstances.
(3) If an entity has not given the Board an address for service, the entity's address for service is the address that the Board reasonably believes to be the entity's address for service for the purposes of this Act.
70 - 65 How documents may be given
(1) For the purposes of this Act, a document (however described) may be given to an entity:
(a) in the manner specified in section 28A of the Acts Interpretation Act 1901 ; or
(b) if the entity's address for service is an electronic address--by sending it to that address; or
(c) if the entity is a company and a liquidator of the company has been appointed--by leaving it at, or posting it to, the address of the liquidator's office in the most recent notice of that address lodged with * ASIC; or
(d) if the entity is a company and an administrator of the company has been appointed--by leaving it at, or posting it to, the address of the administrator in the most recent notice of that address lodged with ASIC.
(2) Despite section 29 of the Acts Interpretation Act 1901 , a document posted under subsection (1) of this section is taken to be given at the time the Board posts it.
(3) This Subdivision has effect despite paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 .
Part 3 -- Amendments with other commencements
Corporations (Aboriginal and Torres Strait Islander) Act 2006
112 After subsection 308 - 5(1)
Insert:
(1A) The Commonwealth Registrar may make a request of the person under subsection (5) for the purposes of satisfying the Commonwealth Registrar that the person's identity has been established.
113 At the end of section 308 - 5
Add:
(5) The Commonwealth Registrar may request, but not compel, the person:
(a) if the person has a tax file number--to give the Commonwealth Registrar a written statement of the person's tax file number; or
(b) if the person does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number; and
(ii) to give the Commonwealth Registrar a written statement of the person's tax file number after the Commissioner of Taxation has issued it.
114 Section 106 (heading)
Before " delegates ", insert " ASIC ".
115 Subsection 163(4)
Omit "be in the prescribed form", substitute "meet any requirements of the data standards".
116 Subsection 346A(1A)
Repeal the subsection.
117 Paragraph 446A(5)(a)
After "lodge", insert "with the Registrar".
118 At the end of section 446A
Add:
(8) A lodgement under paragraph (5)(a) must meet any requirements of the data standards.
119 Paragraph 491(2)(a)
Omit "ASIC, in the prescribed form,", substitute "the Registrar".
120 At the end of section 491
Add:
(3) A lodgement under paragraph (2)(a) must meet any requirements of the data standards.
121 Paragraph 994F(5)(b)
Omit "days. after", substitute "days, after".
122 Paragraph 1053A(d)
Omit "section 90MZB", substitute "section 90XZB or 90YZR".
123 After subsection 1272(1)
Insert:
(1A) The Registrar may make a request of the person under subsection (5) for the purposes of satisfying the Registrar that the person's identity has been established.
124 At the end of section 1272
Add:
(5) The Registrar may request, but not compel, the person:
(a) if the person has a tax file number--to give the Registrar a written statement of the person's tax file number; or
(b) if the person does not have a tax file number:
(i) to apply to the Commissioner of Taxation for a tax file number; and
(ii) to give the Registrar a written statement of the person's tax file number after the Commissioner of Taxation has issued it.
125 Subsection 1653(4)
Omit "paragraph 1272C(2)(b)", substitute "subparagraph 1272C(2)(a)(ii)".
Income Tax Assessment Act 1936
126 At the end of Division 8 of Part VA
Add:
204 Disclosure of tax file numbers to certain registrars
(1) If:
(a) the Commissioner is appointed as the Commonwealth Registrar (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ); and
(b) no other person or body is appointed as that registrar;
the Commissioner may disclose the tax file number of a person to that registrar if the disclosure is made for the purposes of facilitating the administration of Part 6 - 7A of that Act.
(2) If:
(a) the Commissioner is appointed as the Registrar (within the meaning of the Corporations Act 2001 ); and
(b) no other person or body is appointed as that registrar;
the Commissioner may disclose the tax file number of a person to that registrar if the disclosure is made for the purposes of facilitating the administration of Part 9.1A of that Act.
(3) To avoid doubt, subsection (1) or (2) applies to the disclosure of the person's tax file number whether or not that registrar has requested the person, or the Commissioner, to give the tax file number to that registrar.
Superannuation Industry (Supervision) Act 1993
127 Subsection 126A(7)
After "given", insert "by the Regulator".
128 Subsection 344(1)
After "of the Regulator", insert "or the Registrar".
129 Subsection 344(1)
Omit "request the Regulator", substitute "request the decision maker".
130 Subsection 344(2)
Omit "Regulator" (wherever occurring), substitute "decision maker".
131 After subsection 344(2)
Insert:
(2A) If the Registrar is the decision maker, the request must meet any requirements of the data standards.
132 Subsection 344(4) (heading)
Omit " Regulator ", substitute " Decision maker ".
133 Subsections 344(4) and (5)
Omit "Regulator" (wherever occurring), substitute "decision maker".
134 Subsection 344(6) (heading)
Omit " Regulator's ", substitute " Decision maker's ".
135 Subsection 344(6)
Omit "Regulator" (wherever occurring), substitute "decision maker".
136 Subsection 344(7) (heading)
After " Taxation ", insert " if Regulator is decision maker ".
137 Subsection 344(7)
After "If the Regulator", insert "is the decision maker and the Regulator".
138 Subsection 344(8) (heading)
Omit " of Regulator's decisions ".
139 Subsection 344(8)
Omit "of the Regulator".
140 Paragraphs 345(1)(a) and (b)
After "Regulator", insert "or the Registrar, as the case may be,".
141 Subsection 345(2)
After "Regulator", insert "or the Registrar".
Taxation Administration Act 1953
142 Section 269 - 50 in Schedule 1
Omit " * ASIC", substitute "the * Registrar".
143 After section 355 - 65 in Schedule 1
Insert:
355 - 67 Exception--disclosure to registrars
(1) Section 355 - 25 does not apply if:
(a) the entity is a * taxation officer; and
(b) the Commissioner is appointed as a registrar specified in subsection (2); and
(c) no other person or body is appointed as that registrar; and
(d) the record or the disclosure is made for the purposes of the performance of that registrar's functions, or the exercise of that registrar's powers.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code .
(2) The following registrars are specified:
(a) the * Registrar;
(b) the Registrar (within the meaning of the Business Names Registration Act 2011 );
(c) the Registrar (within the meaning of the Corporations Act 2001 );
(e) the Registrar (within the meaning of the National Consumer Credit Protection Act 2009 ).
144 After paragraph 355 - 67(2)(c) in Schedule 1
Insert:
(d) the Registrar (within the meaning of the Foreign Acquisitions and Takeovers Act 1975 );
Part 4 -- Application of amendments
145 Application of Part 1 amendments
(1) The amendment of section 200 of the Life Insurance Act 1995 made by Part 1 of this Schedule applies in relation to a policy issued before, on or after the commencement of that Part.
(2) The amendments of subsection 29VA(9) of the Superannuation Industry (Supervision) Act 1993 made by Part 1 of this Schedule apply in relation to a fee in relation to a MySuper product during a period that begins on or after the commencement of that Part.
(3) The amendments of paragraph 20QA(1)(a) of the Superannuation (Unclaimed Money and Lost Members) Act 1999 made by Part 1 of this Schedule apply in relation to unclaimed money days that occur on or after 1 April 2020.
146 Application of Part 2 amendments
(1) The amendment of section 116 - 30 of the Income Tax Assessment Act 1997 made by Part 2 of this Schedule applies to income years starting on or after the day this Act receives the Royal Assent.
(2) The amendments of section 118 - 320 of the Income Tax Assessment Act 1997 made by Part 2 of this Schedule apply to income years starting on or after the day this Act receives the Royal Assent.
(3) The amendments of paragraphs 230 - 365(a) and (d) of the Income Tax Assessment Act 1997 made by Part 2 of this Schedule apply for the purposes of determining whether the requirement of section 230 - 365 of that Act is met in relation to a hedging financial arrangement on or after 1 January 2021 (regardless of whether an entity started to have the hedging financial arrangement before, on or after that day).
(4) The amendment of section 295 - 495 of the Income Tax Assessment Act 1997 made by Part 2 of this Schedule applies in relation to the 2007 - 08 income year and later income years.
(5) The amendments of section 295 - 675 of the Income Tax Assessment Act 1997 made by Part 2 of this Schedule apply in relation to a tax offset for the 2020 - 21 income year and later income years.
(6) The amendment of subsections 307 - 5(1), 307 - 120(2), 307 - 142(1) and (2), 307 - 142(3B) and 307 - 300(1) and (2) of the Income Tax Assessment Act 1997 made by Part 2 of this Schedule apply in relation to payments made by the Commissioner on or after 13 March 2019.
(7) The amendment of subsection 820 - 935(3) of the Income Tax Assessment Act 1997 made by Part 2 of this Schedule applies in relation to financial statements prepared before, at or after the commencement of that Part.
(8) The amendments of the Tax Agent Services Act 2009 made by Part 2 of this Schedule apply to an application for renewal of registration whether made before, on or after the commencement of that Part.