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TAX LAWS AMENDMENT (REPEAL OF INOPERATIVE PROVISIONS) ACT 2006 - SCHEDULE 5

Inoperative Acts repealed on Royal Assent

Part   1 -- Repeals

1   Repeal of Acts

The Acts specified in this Part are repealed.

A New Tax System (End of Sales Tax) Act 1999

A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999

Debits Tax Act 1982

Debits Tax Administration Act 1982

Income Tax (Deficit Deferral) Act 1994

Income Tax (Untainting Tax) Act 1998

New Business Tax System (Venture Capital Deficit Tax) Act 2000

Pay - Roll Tax Assessment Act 1941

Pay - Roll Tax (Termination Of Commonwealth Tax) Act 1971

Sales Tax Act (No.   1) 1930

Sales Tax Act (No.   2) 1930

Sales Tax Act (No.   3) 1930

Sales Tax Act (No.   4) 1930

Sales Tax Act (No.   5) 1930

Sales Tax Act (No.   6) 1930

Sales Tax Act (No.   7) 1930

Sales Tax Act (No.   8) 1930

Sales Tax Act (No.   9) 1930

Sales Tax Act (No.   10A) 1985

Sales Tax Act (No.   10B) 1985

Sales Tax Act (No.   10C) 1985

Sales Tax Act (No.   11A) 1985

Sales Tax Act (No.   11B) 1985

Sales Tax Amendment (Transitional) Act 1992

Sales Tax Assessment Act 1992

Sales Tax Assessment Act (No.   1) 1930

Sales Tax Assessment Act (No.   2) 1930

Sales Tax Assessment Act (No.   3) 1930

Sales Tax Assessment Act (No.   4) 1930

Sales Tax Assessment Act (No.   5) 1930

Sales Tax Assessment Act (No.   6) 1930

Sales Tax Assessment Act (No.   7) 1930

Sales Tax Assessment Act (No.   8) 1930

Sales Tax Assessment Act (No.   9) 1930

Sales Tax Assessment Act (No.   10) 1985

Sales Tax Assessment Act (No.   11) 1985

Sales Tax (Customs) (Alcoholic Beverages) Act 1997

Sales Tax (Customs) (Deficit Reduction) Act 1993

Sales Tax (Customs) (Industrial Safety Equipment) Act 2000

Sales Tax (Customs) (Wine--Deficit Reduction) Act 1993

Sales Tax (Excise) (Alcoholic Beverages) Act 1997

Sales Tax (Excise) (Deficit Reduction) Act 1993

Sales Tax (Excise) (Industrial Safety Equipment) Act 2000

Sales Tax (Excise) (Wine--Deficit Reduction) Act 1993

Sales Tax (Exemptions and Classifications) Act 1935

Sales Tax (Exemptions and Classifications) Act 1992

Sales Tax (General) (Alcoholic Beverages) Act 1997

Sales Tax (General) (Deficit Reduction) Act 1993

Sales Tax (General) (Industrial Safety Equipment) Act 2000

Sales Tax (General) (Wine--Deficit Reduction) Act 1993

Sales Tax Imposition (Customs) Act 1992

Sales Tax Imposition (Excise) Act 1992

Sales Tax Imposition (General) Act 1992

Sales Tax Imposition (In Situ Pools) Act 1992

Sales Tax (Industrial Safety Equipment) (Transitional Provisions) Act 2000

Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993

Sales Tax Procedure Act 1934

Swimming Pools Tax Refund Act 1992

Tobacco Charge Act (No.   1) 1955

Tobacco Charge Act (No.   2) 1955

Tobacco Charge Act (No.   3) 1955

Tobacco Charges Assessment Act 1955

Wool Tax Act (No.   1) 1964

Wool Tax Act (No.   2) 1964

Wool Tax Act (No.   3) 1964

Wool Tax Act (No.   4) 1964

Wool Tax Act (No.   5) 1964

Wool Tax (Administration) Act 1964


Part   2 -- Consequential amendments

Administrative Decisions (Judicial Review) Act 1977

2   Paragraph   ( e) of Schedule   1

Omit " Debits Tax Administration Act 1982 ".

3   Paragraph   ( e) of Schedule   1

Omit " Pay - roll Tax Assessment Act 1941 ".

4   Paragraph   ( e) of Schedule   1

Omit "Acts providing for the assessment of sales tax".

5   Paragraph   ( e) of Schedule   1

Omit " Wool Tax (Administration) Act 1964 ".

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

6   Subsection 5(3) (table items   1 to 3AA)

Repeal the items.

7   Subsection 5(3) (table items   5 to 7)

Repeal the items.

8   Paragraphs 6A(2)(c) to (e)

Repeal the paragraphs.

9   Sections   8 and 16 to 16C

Repeal the sections.

10   At the end of section   17

Add:

  (5)   In this section:

"assessable goods" has the same meaning as in the former Sales Tax Assessment Act 1992 .

11   Subsection 18(2)

Before "section   16", insert "former".

12   Sections   19B and 20

Repeal the sections.

13   Schedule   1

Repeal the Schedule.

A New Tax System (Wine Equalisation Tax) Act 1999

14   Paragraph 5 - 25(3)(c)

After "of the", insert "former".

15   Paragraph 5 - 25(3)(d)

After "of the", insert "former".

16   Paragraph 5 - 25(3)(d)

After "under the", insert "former".

17   At the end of paragraph 5 - 25(3)(d)

Add:

Note:   Section   5 ensured that goods subject to sales tax under the pre - 1992 sales tax law were not also taxable under the 1992 sales tax law.

ANL Act 1956

18   Section   61 ( paragraphs   ( a) and (b) of the definition of tax )

Repeal the paragraphs.

Australian Hearing Services Act 1991

19   Subsection 53(1)

Omit "(1)".

20   Subsection 53(2)

Repeal the subsection.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

21   Section   39

Omit "(including taxation under the Debits Tax Act 1982 )".

Australian Institute of Health and Welfare Act 1987

22   Section   26

Omit "(including taxation under the Bank Account Debits Tax Act 1982 )".

Australian National Maritime Museum Act 1990

23   Subsection 49(1)

Omit "(1)".

24   Subsection 49(2)

Repeal the subsection.

Australian Postal Corporation Act 1989

25   Section   90E (definition of sales tax on imports )

Repeal the definition.

26   Subparagraph 90K(3)(b)(ii)

Repeal the subparagraph.

27   Sub - subparagraph 90S(1)(b)(ii)(B)

Repeal the sub - subparagraph.

28   Subsection 90S(5)

Omit ", (B)".

29   Subsection 90S(5)

Omit ", sales tax,".

30   Subparagraph 90T(5)(b)(ii)

Repeal the subparagraph.

31   Subsection 90T(6)

Omit ", sales tax,".

Australian Securities and Investments Commission Act 2001

32   Paragraph 139(1)(a)

Omit "a law imposing sales tax, the Debits Tax Act 1982 or".

33   Paragraph 165(1)(a)

Omit "a law imposing sales tax, the Debits Tax Act 1982 or".

Australian Sports Commission Act 1989

34   Subsection 50(1)

Omit "(including taxation under the Debits Tax Act 1982 )".

35   Subsection 50(1)

Omit "(other than laws relating to sales tax)".

36   Subsection 50(2)

Repeal the subsection.

37   Subsection 50(3)

Omit "or (2)".

38   Subsection 51(1)

Omit "(including taxation under the Debits Tax Act 1982 )".

39   Subsection 51(1)

Omit "(other than laws relating to sales tax)".

40   Subsection 51(2)

Repeal the subsection.

41   Subsection 51(3)

Omit "or (2)".

Bank Integration Act 1991

42   Subsection 5(1) ( paragraph   ( a) of the definition of tax )

Repeal the paragraph.

Commonwealth Serum Laboratories Act 1961

43   Section   31 ( paragraphs   ( a) and (b) of the definition of tax )

Repeal the paragraphs.

Consular Privileges and Immunities Act 1972

44   Sections   8 and 8A

Repeal the sections.

Crimes (Taxation Offences) Act 1980

45   Subsection 3(1) (definition of Australian installation )

Repeal the definition, substitute:

"Australian installation" means an installation (within the meaning of the Customs Act 1901 ) that is deemed by section   5C of the Customs Act 1901 to be part of Australia.

46   Subsection 3(1) (definition of old sales tax )

Repeal the definition.

47   Subsection 3(1) (definition of Sales Tax Assessment Acts )

Repeal the definition.

48   Subsection 3(1) (definition of Training Guarantee (Administration) Act )

Repeal the definition.

49   Subsection 3(1) (definition of training guarantee charge )

Repeal the definition.

50   Paragraph 3(2)(a)

Omit "old sales tax" (wherever occurring), substitute "income tax".

51   Paragraph 3(2)(b)

Omit "future old sales tax", substitute "future income tax".

52   Subparagraphs 3(2)(b)(i) and (ii)

Omit "the old sales tax", substitute "the income tax".

53   Sub - subparagraph 3(2)(b)(ii)(B)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

54   Paragraph 3(2)(c)

Omit "old sales tax moneys", substitute "income tax moneys".

55   Subparagraph 3(2)(c)(i)

Omit "the old sales tax", substitute "the income tax".

56   Subparagraph 3(2)(c)(ii)

Omit "further sales tax", substitute "further income tax".

57   Subparagraphs 3(2)(c)(ii), (iii) and (iv)

Omit "any of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

58   Subparagraph 3(2)(c)(v)

Omit "old sales tax, further sales tax", substitute "income tax, further income tax".

59   Subsection 3(3)

Omit "old sales tax" (wherever occurring), substitute "income tax".

60   Paragraph 3(4)(e)

Omit "old sales tax" (wherever occurring), substitute "income tax".

61   Subsection 3(5)

Omit "old sales tax" (wherever occurring), substitute "income tax".

62   Subsections 4(2), (2A) and (3)

Repeal the subsections.

63   Part   II (heading)

Repeal the heading (not including the note), substitute:

Part   II -- Offences relating to income tax

64   Part   II ( paragraphs   ( a), (b) and (e) of note to heading)

Repeal the paragraphs.

65   Subsection 5(1)

Omit "old sales tax", substitute "income tax".

66   Paragraphs 5(2)(a) and (b)

Omit "old sales tax", substitute "income tax".

67   Subsection 6(1)

Omit "old sales tax", substitute "income tax".

68   Paragraphs 6(2)(a) and (b)

Omit "old sales tax", substitute "income tax".

69   Subsection 7(1)

Omit "old sales tax", substitute "income tax".

70   Paragraphs 7(2)(a) and (b)

Omit "old sales tax", substitute "income tax".

71   Paragraph 8(a)

Omit "old sales tax", substitute "income tax".

72   Sub - subparagraph 8(b)(i)(A)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

73   Subparagraph 8(b)(ii)

Omit "old sales tax", substitute "income tax".

74   Subparagraph 8(b)(iii)

Omit "if old sales tax", substitute "if income tax".

75   Subparagraph 8(b)(iii)

Omit "when the old sales tax", substitute "when the income tax".

76   Sub - subparagraphs 8(b)(iii)(A), (B) and (C)

Omit "old sales tax", substitute "income tax".

77   Sub - subparagraph 8(b)(iii)(C)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

78   Paragraph 8(c)

Omit "old sales tax", substitute "income tax".

79   Subsection 10(1)

Omit "old sales tax", substitute "income tax".

80   Paragraph 10(2)(a)

Omit "old sales tax", substitute "income tax".

81   Paragraph 10(2)(b)

Omit "some one or other of the Sales Tax Assessment Acts, that the old sales tax moneys, or part of the old sales tax moneys", substitute "the Income Tax Assessment Act, that the income tax moneys, or part of the income tax moneys".

82   Subsection 10(2)

Omit "old sales tax moneys or the part of the old sales tax", substitute "income tax moneys or the part of the income tax".

83   Subsection 10(3)

Omit "old sales tax" (wherever occurring), substitute "income tax".

84   Subsection 10(3)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

85   Paragraph 11(1)(a)

Omit "old sales tax", substitute "income tax".

86   Paragraph 11(1)(a)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

87   Paragraphs 11(1)(b), (c) and (d)

Omit "old sales tax", substitute "income tax".

88   Subsection 12(1)

Omit "old sales tax" (wherever occurring), substitute "income tax".

89   Subsection 12(1)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

90   Subsection 12(2)

Omit "to the old sales tax moneys", substitute "to the income tax moneys".

91   Paragraphs 12(2)(a) and (b)

Omit "old sales tax" (wherever occurring), substitute "income tax".

92   Parts IIA and III

Repeal the Parts.

93   Paragraphs 14(1)(a) and (b)

Omit "old sales tax", substitute "income tax".

94   Paragraph 14(1)(c)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

95   Paragraph 14(1)(d)

Omit "old sales tax", substitute "income tax".

96   Paragraphs 15(1)(a) and (b)

Omit "old sales tax", substitute "income tax".

97   Paragraph 15(1)(c)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

98   Paragraph 15(1)(d)

Omit "old sales tax", substitute "income tax".

99   Part   VI

Repeal the Part.

100   Paragraphs 17(1)(a) and (b)

Omit "old sales tax", substitute "income tax".

101   Paragraph 17(1)(c)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

102   Paragraph 17(1)(d)

Omit "old sales tax", substitute "income tax".

103   Paragraphs 18(1)(a) and (b)

Omit "old sales tax", substitute "income tax".

104   Paragraph 18(1)(c)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

105   Paragraph 18(1)(d)

Omit "old sales tax", substitute "income tax".

106   Paragraphs 19(1)(a) and (b)

Omit "old sales tax", substitute "income tax".

107   Paragraph 19(1)(c)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

108   Paragraph 19(1)(d)

Omit "old sales tax", substitute "income tax".

109   Paragraphs 20(1)(a) and (b)

Omit "old sales tax", substitute "income tax".

110   Paragraph 20(1)(c)

Omit "some one or other of the Sales Tax Assessment Acts", substitute "the Income Tax Assessment Act".

111   Paragraph 20(1)(d)

Omit "old sales tax", substitute "income tax".

Diplomatic Privileges and Immunities Act 1967

112   Sections   10 and 10A

Repeal the sections.

Freedom of Information Act 1982

113   Schedule   3

Omit " Debits Tax Administration Act 1982 , subsection 7(2)".

114   Schedule   3

Omit " Sales Tax Assessment Act (No.   1) 1930 , subsection 10(2)".

115   Schedule   3

Omit " Sales Tax Procedure Act 1934 , subsection 4A(3)".

116   Schedule   3

Omit " Sales Tax Assessment Act 1992 , subsection 110(2)".

117   Schedule   3

Omit " Tobacco Charges Assessment Act 1955 , subsections 10(2) and (5)".

118   Schedule   3

Omit " Wool Tax (Administration) Act 1964 , subsections 8(2) and (5)".

Fringe Benefits Tax Assessment Act 1986

119   Subsection 136(1) ( subparagraph   ( a)(i) of the definition of cost price )

Repeal the subparagraph, substitute:

  (i)   where the car was manufactured by the person--the amount for which the car could reasonably have been expected to have been sold by the person by wholesale under an arm's length transaction at or about the time when the car was applied to the person's own use; or

120   Subsection 136(1) ( subparagraph   ( a)(iii) of the definition of cost price )

Omit "sales tax or".

121   Subsection 136(1) ( subparagraph   ( b)(i) of the definition of cost price )

Repeal the subparagraph, substitute:

  (i)   where the accessory was manufactured by the person who held the car at the time of the fitting--the amount for which the accessory could reasonably have been expected to have been sold under an arm's length transaction by the person by wholesale at or about the time when the accessory was applied to the person's own use; and

122   Subsection 136(1) ( subparagraph   ( b)(iii) of the definition of cost price )

Omit "sales tax or".

123   Subsection 136(1) (definition of sales tax )

Repeal the definition.

Income Tax Assessment Act 1997

124   Section   17 - 30

Repeal the section, substitute:

17 - 30   Special credits because of indirect tax transition

    A special credit under section   19A of the A New Tax System (Goods and Services Tax Transition) Act 1999 is assessable income at the time it is attributed to a * tax period (for a credit under section   19A).

125   Subsection 995 - 1(1) ( paragraph   ( c) of the definition of BAS provisions )

Omit "system); and", substitute "system).".

126   Subsection 995 - 1(1) ( paragraph   ( e) of the definition of BAS provisions )

Repeal the paragraph.

International Organisations (Privileges and Immunities) Act 1963

127   Section   11A

Repeal the section.

128   At the end of paragraph 7(a) of Part   I of the Third Schedule

Add "and".

129   Paragraph 7(b) of Part   I of the Third Schedule

Repeal the paragraph.

Overseas Missions (Privileges and Immunities) Act 1995

130   Paragraph 12(1)(a)

Repeal the paragraph.

Note:   The heading to section   12 is altered by omitting " sales tax, ".

131   Subsection 12(2)

Omit "sales tax,".

Primary Industries and Energy Research and Development Act 1989

132   Subsection 4(1) (definition of tobacco levy )

Repeal the definition.

133   Subsection 32(1)

Omit "Subject to subsection   ( 3), where", substitute "If".

134   Subsection 32(3)

Repeal the subsection.

135   Subsection 110(1)

Omit "Subject to subsection   ( 3), where", substitute "If".

136   Subsection 110(3)

Repeal the subsection.

Snowy Mountains Engineering Corporation Act 1970

137   Section   39M ( paragraphs   ( a) and (b) of the definition of tax )

Repeal the paragraphs.

Special Broadcasting Service Act 1991

138   Section   68

Omit all the words after "Territory".

Taxation Administration Act 1953

139   Subsection 8AAB(5) (table items   5 to 7, 21 and 22)

Repeal the items.

140   Subsection 8B(5)

Repeal the subsection.

141   Paragraph 8C(1)(c)

Repeal the paragraph.

142   Paragraphs 8J(2)(f), (g), (m), (n) and (na)

Repeal the paragraphs.

143   Paragraph 8J(2)(pa)

Omit "Act; or", substitute "Act.".

144   Paragraphs 8J(2)(q) to (r)

Repeal the paragraphs.

145   Section   14ZQ (definition of appealable objection decision )

Repeal the definition, substitute:

"appealable objection decision" means an objection decision other than one made on a taxation objection under section   14E of this Act.

146   Section   14ZQ ( paragraphs   ( c) to (f) of the definition of delayed administration (beneficiary) objection )

Repeal the paragraphs.

147   Section   14ZQ (definition of ineligible sales tax remission decision )

Repeal the definition.

148   Section   14ZQ (definition of registration - type sales tax decision )

Repeal the definition.

149   Section   14ZQ (definition of reviewable objection decision )

Repeal the definition, substitute:

"reviewable objection decision" means an objection decision that is not an ineligible income tax remission decision.

150   Section   14ZQ (definition of Sales Tax Assessment Act )

Repeal the definition.

151   Subsection 14ZR(2)

Omit all the words after paragraph   ( b), substitute:

  and (c)   the objection decision is to any extent an ineligible income tax remission decision;

then, this Part has effect, in relation to any review or appeal, as if so much of the objection decision as consists of one or more ineligible income tax remission decisions were taken to be a separate objection decision.

152   Section   14ZT

Repeal the section.

153   Paragraph 14ZZB(1)(a)

Omit "(other than a reviewable objection decision that relates to a registration - type sales tax decision)".

154   Subsection 14ZZB(2)

Omit "(other than a reviewable objection decision that relates to a registration - type sales tax decision)".

155   Section   14ZZH

Repeal the section.

156   Sections   14ZZM and 14ZZR

Omit "(other than a registration - type sales tax decision)".

157   Section   250 - 10(2) in Schedule   1 (table items   150 to 165)

Repeal the items.

Taxation (Interest on Overpayments and Early Payments) Act 1983

158   Subsection 3(1) ( subparagraph   ( d)(ii) of the definition of decision to which this Act applies )

Omit "assessment; or", substitute "assessment.".

159   Subsection 3(1) ( paragraph   ( e) of the definition of decision to which this Act applies )

Repeal the paragraph.

160   Subsection 3(1) (definition of objection )

Repeal the definition, substitute:

"objection" means a taxation objection within the meaning of Part   IVC of the Taxation Administration Act 1953 .

161   Subsection 3(4)

Repeal the subsection.

162   Section   3C (table items   100, 105, 115, 125, 130, 135 and 140 in the definition of relevant tax )

Repeal the items.

163   Section   12

Repeal the section.

Trade Practices Act 1974

164   Section   75AT ( paragraph   ( a) of the definition of New Tax System changes )

After "of the", insert "former".

165   Section   75AT ( paragraph   ( b) of the definition of New Tax System changes )

After "in the", insert "former".

Trans - Tasman Mutual Recognition Act 1997

166   Paragraph 1(1)(c) of Part   1 of Schedule   1

Omit "wholesale sales tax (Commonwealth) and".

167   Clause   5 of Part   2 of Schedule   1

Omit " Sales Tax Assessment Act 1992 of the Commonwealth".

168   Clause   5 of Part   2 of Schedule   1

Omit " Sales Tax (Exemptions and Classifications) Act 1992 of the Commonwealth".

Wool International Act 1993

169   Title

Omit " through payments of wool tax ".

170   Section   3

Omit "through payments of wool tax".

171   Section   4 (definition of Administration Act )

Repeal the definition.

172   Section   4 (definition of carpet wool )

Repeal the definition.

173   Section   4 (definition of sale value )

Repeal the definition.

174   Section   4 (definition of wool tax )

Repeal the definition.

175   Section   4 (definition of Wool Tax Act )

Repeal the definition.

176   Part   7

Repeal the Part.

Wool Services Privatisation Act 2000

177   Section   7 (definition of wool tax )

Repeal the definition.

178   Paragraph 31(1)(a)

Omit "wool tax and".

179   Subsections 31(5) and (6)

Repeal the subsections, substitute:

Overall limit on appropriation for category A payments

  (5)   For category A payments, the total limit on the appropriation is the total amount of wool levy received by the Commonwealth. For this purpose, amounts received by the Commonwealth as penalties for late payment of wool levy are to be treated as amounts of wool levy.

Overall limit on appropriation for category B payments

  (6)   For category B payments, the total limit on the appropriation is the total amount of wool levy received by the Commonwealth. For this purpose, amounts received by the Commonwealth as penalties for late payment of wool levy are not to be treated as amounts of wool levy.




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