Income Tax Assessment Act 1936
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Hide history noteFormer Div 10BA repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.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Former Subdiv A repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.
(Repealed by No 164 of 2007)
Former s 124ZADA repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010. S 124ZADA formerly read:
a person may, after 30 June 1983 and before the expiration of 1month after the end of the relevant financial year, or within such further time as the Commissioner allows, lodge with the Commissioner a declaration: S 124ZADA(1) amended by No 57 of 1990. the person shall, within 21 days after the change occurs, notify the Commissioner in writing of the change. Penalty: 2 penalty units. S 124ZADA(3) amended by
No 143 of 2007
, s 3 and Sch 7 item 104, by substituting
"
2 penalty units
"
for
"
$200
"
in the penalty, effective 24 September 2007. For
strict liability
, see section
6.1
of the
Criminal Code
.
SECTION 124ZADA DECLARATIONS
124ZADA(1)
Where:
(a)
during a financial year (in this subsection referred to as the
relevant financial year
) capital moneys are expended, under a contract entered into on or after 13 January 1983, by way of contribution to the cost of producing a film; and
(b)
capital moneys have not been expended during any preceding financial year by way of contribution to the cost of producing the film,
(c)
that a contract for the production of the film has been entered into under which a person has, or persons have, agreed to expend an amount that is specified in the contract as the estimated cost of producing the film;
(d)
specifying the items of expenditure that comprise the amount referred to in paragraph (c);
(e)
stating either of the following:
(i)
that a film account (in this section called the
relevant film account
) has been opened in relation to the film;
(ii)
that no film account has been opened in relation to the film;
(f)
specifying the following details:
(i)
the total amount of moneys received, being capital moneys expended by persons by way of contribution to the cost of producing the film, during the period (in this subsection referred to as the
relevant period
) commencing at the beginning of the relevant financial year and ending at the time the declaration is made;
(ii)
if subparagraph (e)(i) applies:
(A)
the total amount of the moneys referred to in subparagraph (i) of this paragraph that were, upon receipt, paid into the relevant film account; and
(B)
the total amount of the moneys referred to in subparagraph (i) of this paragraph that were not, upon receipt, paid into the relevant film account; and
(C)
the total amount withdrawn from the relevant film account during the relevant period; and
(D)
the total amount of the moneys referred to in sub-subparagraph (C) that were, upon being withdrawn from the relevant film account, expended in producing the film; and
(E)
the total amount of the moneys referred to in sub-subparagraph (B) that were expended in producing the film; and
(iii)
if subparagraph (e)(ii) applies
-
the total amount of the moneys referred to in subparagraph (i) of this paragraph that were expended in producing the film; and
(g)
(Omitted by No 57 of 1990)
(h)
if subparagraph (e)(i) applies
-
that all moneys withdrawn from the relevant film account after the time the declaration is made will, upon withdrawal, be dealt with in the prescribed manner or paid to persons as refunds of capital moneys expended by way of contribution to the cost of producing the film.
124ZADA(2)
Where a person lodges a declaration in respect of a film under subsection (1) or (5) and furnishes to the Commissioner such information in relation to the film as the Commissioner requires, the Commissioner shall decide whether the person making the declaration is, having regard to the role of the person in the production of the film, a person whom the Commissioner considers to be an appropriate person to make the declaration in respect of the film, and shall notify the person in writing of his decision.
124ZADA(3)
Where:
(a)
at any time after a person has lodged a declaration under subsection (1) or (5) in respect of a film, any change occurs in the role of the person in the production of the film; and
(b)
before the time when the change occurs:
(i)
the person has not been notified of a decision of the Commissioner under subsection (2) in relation to the declaration; or
(ii)
the person has been notified under subsection (2) of a decision of the Commissioner that the person is an appropriate person to make the declaration and has not been notified under subsection (4) of a decision of the Commissioner in relation to the declaration,
124ZADA(3A)
An offence under subsection (3) is an offence of strict liability.
Note:
S 124ZADA(3A) inserted by No 146 of 2001.
124ZADA(4)
Where, at any time (in this subsection referred to as the relevant time ) after the Commissioner has notified a person under subsection (2) of his decision that the person is an appropriate person to make a declaration under subsection (1) or (5) in respect of a film, the Commissioner, having regard to the role of the person in the production of the film, decides that, if the person were to make a declaration at the relevant time as to the matter specified in paragraph (1)(h), the person would not be an appropriate person to make such a declaration, the Commissioner shall notify the person in writing of his decision.
S 124ZADA(4) amended by No 57 of 1990.
124ZADA(5)
Where:
(aa) a film account has been opened in relation to a film;
(a) a declaration in relation to the film is lodged under subsection (1) or under this subsection by a person who has been notified by the Commissioner under subsection (2) that the Commissioner considers the person to be an appropriate person to make the declaration; and
(b) the person dies or the Commissioner notifies the person under subsection (4) of a decision of the Commissioner under that subsection,
a person may lodge with the Commissioner, before the expiration of 1 month after the death or the notification under subsection (4), as the case may be, or within such further time as the Commissioner allows, a declaration that all moneys withdrawn from the film account after the time the declaration is made will, upon withdrawal, be dealt with in the prescribed manner or paid to persons as refunds oof capital moneys expended by way of contribution to the cost of producing the film.
S 124ZADA(5) amended by No 57 of 1990.
124ZADA(6)
(Omitted by No 57 of 1990)
124ZADA(7)
(Omitted by No 57 of 1990)
124ZADA(8)
For the purposes of this Division, but subject to subsection (9), a declaration made by a person under subsection (1) shall be taken to be in force at all times after it is lodged with the Commissioner.
124ZADA(9)
Where:
(aa) a film account has been opened in relation to a film;
(a) a declaration in relation to the film is lodged under subsection (1) or (5) by a person who has been notified by the Commissioner under subsection (2) that the Commissioner considers the person to be an appropriate person to make the declaration;
(b) the person dies or the Commissioner notifies the person under subsection (4) of a decision of the Commissioner under that subsection; and
(c) a further declaration is not lodged under subsection (5) in relation to the film by a person who is notified by the Commissioner under subsection (2) that the person is considered by the Commissioner to be an appropriate person to lodge the declaration,
the following provisions have effect:
(d) where the declaration referred to in paragraph (a) was lodged under subsection (1) - the declaration shall be taken, for the purposes of this Division, not to be, and never to have been, in force;
(e) where the declaration referred to in paragraph (a) was lodged under subsection (5) - any declaration lodged under subsection (1) in respect of the film that would, but for this subsection, be in force shall be taken, for the purposes of this Division, not to be, and never to have been, in force.
S 124ZADA(9) amended by No 57 of 1990.
124ZADA(10)
A person who is notified of a decision of the Commissioner under subsection (2) or (4) and who is dissatisfied with the decision may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .
S 124ZADA(10) substituted for s 124ZADA(10) and (11) by No 216 of 1991.
124ZADA(11)
(Omitted by No 216 of 1991)
S 124ZADA(10) substituted for s 124ZADA(10) and (11) by No 216 of 1991.
Former s 124ZADA inserted by No 14 of 1983.
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