Income Tax Assessment Act 1936
PART III - LIABILITY TO TAXATION
Former Division 10BA - Australian films
View history note
Hide history noteFormer Div 10BA repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.
Former Div 10BA inserted by No 111 of 1981.
Former Subdivision A - Preliminary
Former Subdiv A repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.
FORMER SECTION 124ZAB
124ZAB
PROVISIONAL CERTIFICATES
(Repealed by No 164 of 2007)
Former s 124ZAB repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010. S 124ZAB formerly read:
SECTION 124ZAB PROVISIONAL CERTIFICATES
124ZAB(1)
A person (in this section referred to as the applicant ) may apply to the Arts Minister for a certificate stating that a proposed film will, when completed, be a qualifying Australian film for the purposes of this Division.HistoryS 124ZAB(1) amended by No 88 of 2009, s 3 and Sch 5 item 83, by substituting " Arts Minister " for " Minister " , effective 18 September 2009.
124ZAB(2)
An application under subsection (1):
(a) shall be in writing; and
(b) shall be signed by or on behalf of the applicant; and
(c) shall be accompanied by such information as the Arts Minister requires.HistoryS 124ZAB(2) amended by No 88 of 2009, s 3 and Sch 5 items 84 and 85, by inserting " and " at the end of para (a) and substituting " Arts Minister " for " Minister " in para (c), effective 18 September 2009.
124ZAB(2A)
An application under subsection (1) must be made before the day on which the Tax Laws Amendment (2007 Measures No 5) Act 2007 receives the Royal Assent.HistoryS 124ZAB(2A) inserted by No 164 of 2007 , s 3 and Sch 10 item 3, effective 25 September 2007.
124ZAB(3)
Where an application is made to the Arts Minister under subsection (1) and the Minister is satisfied that:
(a) the proposed film, when completed, will be a qualifying Australian film; and
(b) having regard to the role of the applicant in the proposed production of the film, the applicant is an appropriate person to whom to issue a certificate under this section in respect of the proposed film,the Minister shall issue to the applicant a certificate under this section in respect of the proposed film.
HistoryS 124ZAB(3) amended by No 88 of 2009, s 3 and Sch 5 item 86, by substituting " Arts Minister " for " Minister " (first occurring), effective 18 September 2009.
124ZAB(3A)
Where the Arts Minister makes a decision refusing an application under subsection (1), the Minister shall, as soon as practicable, give notice in writing of the refusal to the applicant.HistoryS 124ZAB(3A) amended by No 88 of 2009, s 3 and Sch 5 item 86, by substituting " Arts Minister " for " Minister " (first occurring), effective 18 September 2009.
S 124ZAB(3A) inserted by No 153 of 1988.
124ZAB(4)
A person to whom a certificate in respect of a proposed film has been issued under subsection (3) shall furnish to the Arts Minister, within a period specified by the Minister, such information in relation to the proposed film as the Minister requests.HistoryS 124ZAB(4) amended by No 88 of 2009, s 3 and Sch 5 item 86, by substituting " Arts Minister " for " Minister " (first occurring), effective 18 September 2009.
124ZAB(5)
Where a person to whom a certificate in respect of a proposed film has been issued under subsection (3) fails to comply with subsection (4) in respect of the proposed film, the Arts Minister may, by writing under his hand, revoke the certificate and thereupon the certificate shall, for the purposes of this Act, be deemed never to have been in force.S 124ZAB(5) amended by No 88 of 2009, s 3 and Sch 5 item 87, by substituting " Arts Minister " for " Minister " , effective 18 September 2009.
124ZAB(6)
Where:
(a) the Arts Minister has issued a certificate under this section stating that a proposed film will, when completed, be a qualifying Australian film for the purposes of this Division; and
(b) at any time after the issue of the certificate, the Minister becomes satisfied that:
(i) the proposed film, when completed, will not be a qualifying Australian film for the purposes of this Division; or
(ii) if the proposed film has been completed - the completed film is not a qualifying Australian film for the purposes of this Division,the Minister shall, by writing under his hand, revoke the certificate and thereupon the certificate shall, for the purposes of this Act, be deemed never to have been in force.
HistoryS 124ZAB(6) amended by No 88 of 2009, s 3 and Sch 5 item 88, by substituting " Arts Minister " for " Minister " in para (a), effective 18 September 2009.
S 124ZAB(6)(b)(ii) amended by No 62 of 1987.
124ZAB(6A)
The Arts Minister may, by signed writing, revoke a certificate in respect of a proposed film that has been issued under subsection (3) if:
(a) the person who applied for the certificate applies to the Minister for the revocation in the approved form; and
(b) the person provides a statutory declaration stating that:
(i) no taxpayer has claimed a deduction under this Division in respect of the film; and
(ii) a final certificate in respect of the film has not been issued under this Division; and
(iii) a taxpayer intends to claim a tax offset under Division 376 of the Income Tax Assessment Act 1997 in respect of the film; and
(iv) financial assistance has not been provided by the Film Finance Corporation Australia Limited (incorporated under the Companies Act 1981 on 12 July 1988) in respect of the film.A certificate that is revoked under this subsection is, for the purposes of this Act, taken never to have been in force.
Note:
Revocation of a certificate under this subsection allows a person to claim a tax offset under Division 376 of the Income Tax Assessment Act 1997 in respect of the film.
HistoryS 124ZAB(6A) amended by No 88 of 2009, s 3 and Sch 5 item 89, by substituting " Arts Minister " for " Minister " (first occurring), effective 18 September 2009.
S 124ZAB(6A) amended by No 164 of 2007 , s 3 and Sch 10 item 4, by substituting " a tax offset " for " the tax offset " in the note, effective 25 September 2007.
S 124ZAB(6A) inserted by No 41 of 2005.
124ZAB(7)
Where the Arts Minister, under subsection (5), (6) or (6A), revokes a certificate, the Minister shall, as soon as practicable, give notice in writing of the revocation to the person to whom the certificate was issued.HistoryS 124ZAB(7) amended by No 88 of 2009, s 3 and Sch 5 item 89, by substituting " Arts Minister " for " Minister " (first occurring), effective 18 September 2009.
S 124ZAB(7) amended by No 41 of 2005.
124ZAB(8)
The revocation of a certificate issued under this section in respect of a proposed film does not prevent the issue of a further certificate under this section in respect of that proposed film.
124ZAB(9)
Subject to subsections (5), (6), (6A) and (10), a certificate issued under this section shall be deemed to have been in force at all times before the time when it was issued.HistoryS 124ZAB(9) amended by No 41 of 2005.
124ZAB(10)
If an application for a final certificate in respect of a film is not made in accordance with section 124ZAC before the expiration of 6 months after the time when the film is completed, any certificate issued under this section in respect of the film shall be deemed never to have been in force.
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