Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendment of the Income Tax (Transitional Provisions) Act 1997
Part 1 -- Amendment of the Income Tax (Transitional Provisions) Act 1997
1 Section 43-105 (link note)
Repeal the link note, substitute:
[The next Part is Part 2-15.]
2 At the end of Chapter 2
Add:
Division 50 -- Exempt entities
Table of sections
50-1 Application of Division 50 of the Income Tax Assessment Act 1997
50-1 Application of Division 50 of the Income Tax Assessment Act 1997
Division 50 of the Income Tax Assessment Act 1997 applies to assessments for the 1997-98 income year and later income years.
Table of sections
51-1 Application of Division 51 of the Income Tax Assessment Act 1997
51-5 Keeping in force old regulations about exempt allowances and bounties
51-1 Application of Division 51 of the Income Tax Assessment Act 1997
Division 51 of the Income Tax Assessment Act 1997 applies to assessments for the 1997-98 income year and later income years.
51-5 Keeping in force old regulations about exempt allowances and bounties
Any regulations made for the purposes of subparagraph 23(t)(iii) of the Income Tax Assessment Act 1936 that are in force at the end of the 1996-97 income year have effect in the 1997-98 income year and later income years as if they were regulations made for the purposes of items 1.1 and 1.2 of the table in section 51-5 of the Income Tax Assessment Act 1997 .
Note: Subparagraph 23(t)(iii) of the Income Tax Assessment Act 1936 and items 1.1 and 1.2 of the table in section 51-5 of the Income Tax Assessment Act 1997 exempt from income tax prescribed allowances and bounties payable to, or in respect of, a member of the Defence Force.
Division 52 -- Certain pensions, benefits and allowances are exempt from income tax
Table of sections
52-1 Application of Division 52 of the Income Tax Assessment Act 1997
52-1 Application of Division 52 of the Income Tax Assessment Act 1997
Division 52 of the Income Tax Assessment Act 1997 applies to assessments for the 1997-98 income year and later income years.
Division 53 -- Various exempt payments
Table of sections
53-1 Application of Division 53 of the Income Tax Assessment Act 1997
53-1 Application of Division 53 of the Income Tax Assessment Act 1997
Division 53 of the Income Tax Assessment Act 1997 applies to assessments for the 1997-98 income year and later income years.
[The next Division is Division 55.]
Division 55 -- Payments that are not exempt from income tax
Table of sections
55-1 Application of Division 55 of the Income Tax Assessment Act 1997
55-1 Application of Division 55 of the Income Tax Assessment Act 1997
Division 55 of the Income Tax Assessment Act 1997 applies to assessments for the 1997-98 income year and later income years.
[The next Part is Part 2-25.]
Part 2 -- Consequential amendment of the Income Tax Assessment Act 1997
3 Section 11-5 (table)
Repeal the table, substitute:
charity, education, religion or science |
|
charitable fund, public ....................... | 50-5 |
charitable institution ......................... | 50-5 |
educational institution, public ................... | 50-5 |
religious institution ......................... | 50-5 |
scientific institution ......................... | 50-5 |
scientific research fund ....................... | 50-5 |
scientific society etc. ........................ | 50-5 |
community service |
|
community service society etc. .................. | 50-10 |
employees and employers |
|
employee association ........................ | 50-15 |
employer association ........................ | 50-15 |
trade union ............................... | 50-15 |
film |
|
Australian Film Finance Corporation .............. | 50-45 |
finance |
|
friendly society ............................ | 50-20 |
government |
|
local governing body ........................ | 50-25 |
municipal corporation ........................ | 50-25 |
public authority ............................ | 50-25 |
state/territory bodies ......................... | 24AK to 24AZ |
health |
|
health benefits organisation .................... | 50-30 |
hospital ................................. | 50-30 |
medical benefits organisation ................... | 50-30 |
mining |
|
British Phosphate Commissioners Banaba Contingency Fund ..... |
|
Phosphate Mining Company of Christmas Island ...... | 50-35 |
primary or secondary resources, and tourism |
|
agricultural society etc. ...................... | 50-40 |
aviation society etc. ......................... | 50-40 |
horticultural society etc. ...................... | 50-40 |
industrial society etc. ........................ | 50-40 |
manufacturing society etc. .................... | 50-40 |
pastoral society etc. ......................... | 50-40 |
tourism society etc. ......................... | 50-40 |
viticultural society etc. ....................... | 50-40 |
sports, culture or recreation |
|
animal racing society etc. ..................... | 50-45 |
art society etc. ............................ | 50-45 |
game society etc. .......................... | 50-45 |
literature society etc. ........................ | 50-45 |
music society etc. .......................... | 50-45 |
sport society etc. ........................... | 50-45 |
4 Section 11-10 (table item headed "foreign aspects of income taxation")
Omit " 23(za) ", substitute "51-10".
5 Section 11-15 (table item headed "defence")
Repeal the item, substitute:
defence |
|
Defence Force member, allowances ............... | 51-5 |
Emergency Defence Force member, pay and allowances . | 51-5 |
Reserve Defence Force member, pay and allowances ... | 51-5 |
6 Section 11-15 (table item headed "education")
Repeal the item, substitute:
education |
|
bursary, educational allowance etc. ............... | 23(z) |
CRAFT scheme, employer's income from .......... | 51-10 |
foreign student, scholarship and bursary to .......... | 23(ya) |
full-time student, income from a scholarship, bursary, other educational allowance or educational assistance |
|
isolated child, income for the provision of education of .. | 23(zaa) |
secondary student, income for the provision |
|
7 Section 11-15 (table item headed "health")
Repeal the item.
8 Section 11-15 (table item headed "mining")
Repeal the item, substitute:
mining |
|
Aboriginal and Torres Strait Islander, mining payment .. | 51-25 and 51 - 45 |
distributing body, mining payment ............... | 51-25 and 51 - 45 |
rights to mine, sale of ........................ | 330-60 |
9 Section 11-15 (table item headed "social security or like payments")
Repeal the item, substitute:
social security or like payments |
|
disability services payment .................... | 53-10 |
domiciliary nursing care benefit ................. | 53-10 |
drought relief, payment for .................... | 53-10 and 53 - 15 |
persecution victim, pension etc. for .............. | 23(kc) |
resistance fighter and victim of wartime persecution, pension and etc. for |
|
social security, payment to .................... | Subdivision 52-A |
veteran, Australian and United Kingdom , payment to ... | 53-20 |
veteran, payment to ......................... | Subdivisions 52-B and 52 - C |
wounds and disability pension .................. | 53-10 |
youth training allowance, payment of ............. | 24ABZE and |
10 Section 11-15 (table item headed "vice regal")
Repeal the item, substitute:
vice-regal |
|
Governor-General, official salary and foreign income ... | 51-15 |
State Governor, official salary and foreign income ..... | 51-15 |
11 Section 11-15 (table item headed "welfare")
Repeal the item, substitute:
welfare |
|
Handicapped Persons Assistance Act 1974 , bonus from . | 51-30 |
maintenance payment ........................ | 51-30 and 51 - 50 |
rent subsidy .............................. | 51-30 |
12 Subparagraph 43-55(1)(a)(i)
Repeal the subparagraph, substitute:
(i) an entity to which section 50-5, 50-10, 50-15, 50-20, 50-25, 50-30, 50-40 or 50-45 (dealing with * exempt income) applies; or
13 Subparagraph 43-55(1)(a)(ii)
Omit "that Act", substitute "the Income Tax Assessment Act 1936 ".
14 Paragraph 330-375(2)(b)
Omit "a * public body's", substitute "an * exempt Australian government agency's".
15 Subsection 330-375(3)
Omit "a * public body's", substitute "an * exempt Australian government agency's".
16 Subsection 330-380(2)
Repeal the subsection.
Note: The heading to section 330-380 is altered by omitting " and public body ".
17 Subsection 995- 1(1)
Insert:
"Aboriginal" has the meaning given by section 128U of the Income Tax Assessment Act 1936 .
18 Subsection 995- 1(1)
Insert:
"Australian government agency" means:
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth or of a State or a Territory.
19 Subsection 995- 1(1)
Insert:
"bereavement Subdivision" has the meaning given by section 52 - 20.
20 Subsection 995- 1(1)
Insert:
"distributing body" has the meaning given by section 128U of the Income Tax Assessment Act 1936 .
21 Subsection 995- 1(1) (definition of exempt Australian government agency )
Repeal the definition, substitute:
"exempt Australian government agency" means:
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth or of a State or a Territory whose * ordinary income and * statutory income is exempt from income tax because of Division 50; or
(c) an STB (within the meaning of Division 1AB of Part III of the Income Tax Assessment Act 1936 ) whose * ordinary income and * statutory income is exempt from income tax under that Division of that Part.
22 Subsection 995- 1(1)
Insert:
"friendly society" means a society registered as a friendly society under an * Australian law.
23 Subsection 995- 1(1)
Insert:
"friendly society dispensary" means an approved pharmacist (within the meaning of Part VII of the National Health Act 1953 ) that is:
(a) a * friendly society; or
(b) a body carrying on * business for the benefit of members of a * friendly society.
24 Subsection 995- 1(1)
Insert:
"member of the Forces" has the meaning given by section 52-105.
25 Subsection 995- 1(1)
Insert:
"mining payment" has the meaning given by section 128U of the Income Tax Assessment Act 1936 .
26 Subsection 995- 1(1)
Insert:
"ordinary payment" has the meaning given by sections 52-10 and 52-65.
27 Subsection 995- 1(1)
Insert:
"pension age" has the meaning given by sections 52-65 and 52-105.
28 Subsection 995- 1(1) (definition of public body )
Repeal the definition.
29 Subsection 995- 1(1)
Insert:
"supplementary amount" of a payment is defined as set out in this table:
Supplementary amount of a payment | ||
Supplementary amount of this kind of payment: | has the meaning given by: | |
1 | Drought relief payment | section 53-15 |
2 | Payment made because of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 | section 52-105 |
3 | Social security payment | section 52-15 |
4 | Veterans' affairs payment | section 52-70 |
30 Subsection 995- 1(1)
Insert:
"tax-free amount" of a payment is defined as set out in this table:
Tax-free amount of a payment | ||
Tax-free amount of this kind of payment: |
| |
1 | Social security payment | sections 52-20, 52-25, 52 - 30 and 52-35 |
Part 3 -- Consequential amendment of the Income Tax Assessment Act 1936
31 After section 22
Insert:
22A Limits on application of certain exempt income provisions
A provision of this Act set out in the second column of the table does not apply to an assessment for the 1997-98 year of income or a later year of income.
Note: The last column of the table shows the provision of the Income Tax Assessment Act 1997 that applies instead.
Old exempt income provisions that no longer apply | ||
|
| Corresponding provision of the Income Tax Assessment Act 1997 |
1 | Subparagraph 23(a)(i) | section 51-15 |
2 | Paragraph 23(d) | section 50-25 |
3 | Paragraph 23(e) | items 1.1, 1.2, 1.3 and 1.4 of the table in section 50-5 |
4 | Paragraph 23(ea) | items 6.1 and 6.2 of the table in section 50-30 |
5 | Paragraph 23(eb) | item 6.3 of the table in section 50 - 30 |
6 | Paragraph 23(f) | section 50-15 |
7 | Paragraph 23(g) | item 1.7 of the table in section 50 - 5; sections 50-10 and 50-20; and items 9.1 and 9.2 of the table in section 50-45 |
8 | Paragraph 23(h) | section 50-40 |
9 | Paragraph 23(j) | items 1.5 and 1.6 of the table in section 50-5 |
10 | Paragraph 23(jc) | item 2.2 of the table in section 51 - 10 |
11 | Paragraph 23(je) | item 7.1 of the table in section 50 - 35 |
12 | Paragraph 23(jf) | item 7.2 of the table in section 50 - 35 |
13 | Paragraph 23(k) | item 9.3 of the table in section 50 - 45 |
14 | Paragraph 23(kba) | item 5.3 of the table in section 51 - 30 |
15 | Paragraph 23(ke) | item 5.2 of the table in section 51 - 30 |
16 | Paragraph 23(l) | item 5.1 of the table in section 51 - 30 |
17 | Paragraph 23(s) | item 1.4 of the table in section 51 - 5 |
18 | Paragraph 23(sa) | item 1.3 of the table in section 51 - 5 |
19 | Paragraph 23(t) | items 1.1 and 1.2 of the table in section 51-5 |
20 | Paragraph 23(za) | item 2.1 of the table in section 51 - 10 |
32 Section 23
Omit "The following income", substitute "Subject to section 22A, the following income".
33 Paragraph 23(ec)
Repeal the paragraph.
34 Before subsection 23AE(1)
Insert:
(1A) This section does not apply to an assessment for the 1997-98 year of income or a later year of income.
Note: Section 51- 25 of the Income Tax Assessment Act 1997 applies instead.
35 Section 24
Repeal the section.
36 Before Subdivision A of Division 1AA of Part III
Insert:
Subdivision AA -- Application of this Division
24 Application of this Division
This Division (except Subdivision BA) does not apply to an assessment for the 1997-98 year of income or a later year of income.
Note: For the law applying to the 1997-98 year of income and later years of income, see Divisions 52, 53 and 55 of the Income Tax Assessment Act 1997 .
37 Subsection 46(9)
Repeal the subsection, substitute:
(9) A shareholder in a company is not entitled to a rebate under this section in its assessment in respect of dividends paid to it by the company if the income of the company is exempt from tax under:
(a) Division 1AB of this Part; or
(b) item 1.1, 1.2, 1.3 or 1.4 of the table in section 50-5, section 50-15 or 50-25 or item 6.1 or 6.2 of the table in section 50-30 of the Income Tax Assessment Act 1997 .
38 Subsection 46A(16)
Repeal the subsection, substitute:
(16) A shareholder in a company is not entitled to a rebate under this section in its assessment in respect of dividends paid to it by the company if the income of the company is exempt from tax under:
(a) Division 1AB of this Part; or
(b) item 1.1, 1.2, 1.3 or 1.4 of the table in section 50-5, section 50-15 or 50-25 or item 6.1 or 6.2 of the table in section 50-30 of the Income Tax Assessment Act 1997 .
39 Subparagraph 97(3)(c)(i)
After "section 23", insert "of this Act or Subdivision 50-A or section 51-5, 51-10, 51-15 or 51-30 of the Income Tax Assessment Act 1997 ".
40 Subsection 102AAE(2)
After "section 23", insert "of this Act or Subdivision 50-A or section 51-5, 51-10, 51-15 or 51-30 of the Income Tax Assessment Act 1997 ".
41 Subsection 102B(4)
Omit "the proviso to paragraph 23(l)", substitute " subsection 51-50(3) of the Income Tax Assessment Act 1997 ".
42 Subsection 102B(4)
Omit "that paragraph", substitute "section 51-30 of that Act".
43 Subsection 102CA(3)
Omit "the proviso to paragraph 23(l)", substitute " subsection 51-50(3) of the Income Tax Assessment Act 1997 ".
44 Subsection 102CA(3)
Omit "that paragraph", substitute "section 51-30 of that Act".
45 Section 102M (paragraph (a) of the definition of exempt entity )
Repeal the paragraph, substitute:
(a) a body or association to which item 1.1, 1.2, 1.3, 1.4 or 1.7 of the table in section 50-5 or section 50-10, 50-15, 50-20, 50 - 25, 50-30, 50-40 or 50- 45 of the Income Tax Assessment Act 1997 applies;
46 Section 102M (subparagraph (b)(ii) of the definition of exempt entity )
Omit "paragraph 23(j)", substitute "item 1.5 or 1.6 of the table in section 50-5 of the Income Tax Assessment Act 1997 ".
47 Application of amendments of section 102M
The amendments made by items 45 and 46 apply for the purpose of determining whether a trust is a public trading trust or a public unit trust in relation to the 1997-98 income year or a later income year.
48 Section 111E
Omit "Paragraph 23(d)", substitute "Section 50- 25 of the Income Tax Assessment Act 1997 ".
49 Subsection 116E(1) (definition of registered organization )
Omit "by virtue of paragraph 23(f) or subparagraph 23(g)(i)", substitute "because of section 50-15 or 50-20 of the Income Tax Assessment Act 1997 ".
50 Subsection 121F(1) (paragraph (a) of the definition of relevant exempting provision )
Repeal the paragraph, substitute:
(a) paragraph 23(jb) of this Act;
(aa) section 50-5, 50-10, 50-15, 50-20, 50- 25, 50-30, 50-40 or 50 - 45 of the Income Tax Assessment Act 1997 ;
51 Paragraph 128B(3)(a)
Repeal the paragraph, substitute:
(a) income derived by a non-resident that is:
(i) exempt from income tax because of paragraph 23(jb) of this Act or section 50-5, 50-10, 50-15 or 50-20, item 6.1 or 6.2 of the table in section 50-30, section 50-40 or item 9.1 or 9.2 of the table in section 50 - 45 of the Income Tax Assessment Act 1997 ; and
(ii) exempt from income tax in the country in which the non-resident resides;
52 Application of amendment of paragraph 128B(3)(a)
The amendment made by item 51 applies to income derived on or after 1 July 1997 .
53 Paragraph 159J(5E)(e)
Omit "under paragraph 24ABXB(2)(b) of this Act", substitute "because of paragraph (e) of the item dealing with 'Parenting allowance (benefit parenting allowance)' in section 52 - 15 of the Income Tax Assessment Act 1997 ".
54 Subsection 159J(6) (paragraph (aaa) of the definition of separate net income )
Omit "under paragraph 24ABXB(2)(b) of this Act", substitute "because of paragraph (e) of the item dealing with 'Parenting allowance (benefit parenting allowance)' in section 52 - 15 of the Income Tax Assessment Act 1997 ".
55 Subsection 159ZR(1) (paragraph (e) of the definition of eligible income )
Repeal the paragraph, substitute:
(e) a payment that is covered by Subdivision BA of Division 1AA of this Part or Division 52, 53 or 55 of the Income Tax Assessment Act 1997 , but that is not exempt from income tax under that Subdivision or Division.
56 Application of amendment of subsection 159ZR(1) (paragraph (e) of the definition of eligible income )
The amendment made by item 55 applies for the purpose of determining whether a lump sum payment is eligible income in the 1997-98 income year or a later income year.
57 Subsection 160K(1) (paragraph (a) of the definition of relevant exempting provision )
Repeal the paragraph, substitute:
(a) section 50-5, 50-10, 50-15, 50-20, 50- 25, 50-30, 50-40 or 50 - 45 of the Income Tax Assessment Act 1997 ;
58 Subsection 221A(1) (definition of salary or wages )
Omit "Division 1AA of Part III", substitute "Subdivision BA of Division 1AA of Part III of this Act or Division 52, 53 or 55 of the Income Tax Assessment Act 1997 ".
59 Application of amendment of subsection 221A(1) (definition of salary or wages )
Section 4 of this Act does not apply to the amendment made by item 58.
60 Subsection 221YCAA(2) (sub-subparagraph (pa)(iv)(A) of the definition of qualifying reductions )
After "paragraph 24ABXB(2)(b)", insert "of this Act or because of paragraph (e) of the item dealing with 'Parenting allowance (benefit parenting allowance)' in section 52 - 15 of the Income Tax Assessment Act 1997 ".
61 Subsection 269B(1)
Repeal the subsection, substitute:
(1) Nothing in:
(a) sections 23G and 24AM of this Act; and
(b) sections 50-5, 50-10, 50-15, 50-20, 50- 25, 50-30, 50-40 and 50 - 45 of the Income Tax Assessment Act 1997 ;
exempts a trustee of an eligible entity from liability to tax as provided by this Part.
Part 4 -- Consequential amendments of other Acts
Australian Industry Development Corporation Act 1970
62 Subsection 27(2)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
Australian National Railways Commission Act 1983
63 Subsection 67(5)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
Australian Postal Corporation Act 1989
64 Subsection 63(2)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
Australian Trade Commission Act 1985
65 Subsection 83(4)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
Development Allowance Authority Act 1992
66 Subsection 93D(1) (paragraph (b) of the definition of government body )
Omit "paragraph 23(d) of the Tax Act", substitute "section 50- 25 of the Income Tax Assessment Act 1997 ".
67 Subsection 93D(1) (paragraph (c) of the definition of government body )
Omit "Tax Act", substitute " Income Tax Assessment Act 1936 ".
Export Finance and Insurance Corporation Act 1991
68 Subsection 63(4)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
Federal Airports Corporation Act 1986
69 Subsection 45(1AB)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
Health Insurance Commission Act 1973
70 Subsection 39(2)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
Legislative Instruments Act 1997
71 Schedule 2 (table item dealing with the Income Tax Assessment Act 1997)
Repeal the item, substitute:
the whole Act other than: • items 1.1 and 1.2 of the table in section 51 - 5; and • subsection 30-85(2); and • subsection 900-35(2). |
National Rail Corporation Agreement Act 1992
72 Paragraph 8(d)
After " Income Tax Assessment Act 1936 ", insert "or section 50- 25 of the Income Tax Assessment Act 1997 ".
73 Subsection 23(1) (definition of exempt spousal maintenance income )
After "paragraph 23(l)", insert "or item 5.1 of the table in section 51 - 30".
74 Subsection 23(1) (note at the end of the definition of exempt spousal maintenance income )
After "paragraph 23(l)", insert "or item 5.1 of the table in section 51 - 30 ".
Superannuation Guarantee (Administration) Act 1992
75 Section 29
After " Income Tax Assessment Act 1936 ", insert "or item 1.4 of the table in section 51-5 of the Income Tax Assessment Act 1997 ".