House of Representatives

Income Tax Assessment Amendment Bill (No. 3) 1982

Income Tax Assessment Amendment Act (No. 3) 1982

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon. John Howard, M.P.)

Notes on Clauses

Clause 1: Short title etc.

By sub-clause (1) of this clause the amending Act is to be cited as the Income Tax Assessment Amendment Act (No. 3) 1982.

Sub-clause (2) will facilitate a reference to the Income Tax Assessment Act 1936 which, in the Bill, is referred to as the "Principal Act".

Clause 2: Commencement

Under this clause the amending Act is to come into operation on the day on which it receives the Royal Assent. But for this clause the amending Act would, by reason of sub-section 5(1A) of the Acts Interpretation Act 1901, come into operation on the twenty-eighth day after the date of Assent.

Clause 3: Exemptions

This clause will amend section 23 of the Principal Act, which exempts certain income from income tax.

The amendment proposed by this clause will exempt from income tax certain income of the company being formed to take over the functions of the Australian Wool Testing Authority, a body corporate which was established under the Wool Industry Act 1962 and is preserved and continued in existence under the Wool Industry Act 1972.

Proposed sub-clause (1) will insert in section 23 of the Principal Act a new paragraph, paragraph (jd) to exempt from income tax certain income of the new company, the Australian Wool Testing Authority Ltd. By sub-paragraph (i) the exemption will apply to income derived from the carrying out by the company of the testing of wool and other fibres, or products made from wool and other fibres, and to income arising from the issuing of certificates and the making of reports in respect of the tests.

Sub-paragraph (ii) will extend the exemption to income derived by the company from the investment of its wool testing and associated income or of funds to be used in or in connection with the testing operations.

The effect of sub-clause (1) will thus be to confer on the new company exemption from income tax equivalent to that currently applicable to activities of the present Authority.

By sub-clause (2) the exemption will apply to income derived by the company on or after 1 July 1982.


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