Fringe Benefits Tax Assessment Act 1986

SECTION 74F FINAL COURT ORDER ABOUT COMMISSIONER DISCRETION  
74F(1)
Expressions used in this section have the same meanings as in section 74E .

74F(2)
For the purposes of this section, the Commissioner exercises a discretion if the Commissioner acts as described in section 14ZAD of the Taxation Administration Act 1953 .

74F(3)
If:

(a) a private ruling rules that a discretion of the Commissioner under the fringe benefits tax law would be exercised in a particular way; and

(b) on an appeal against:

(i) an objection decision about a taxation objection against that ruling; or

(ii) a decision of the Tribunal on the review of such an objection decision;

a court orders that it would be in accordance with law for the Commissioner to exercise that discretion in that way in relation to the law, person, year and arrangement that the ruling is about ( ``rule matters'' ); and

(c) that order becomes final;

then, for the purposes of this Act, if the Commissioner exercises that discretion in that way in relation to the rule matters, the discretion is exercised lawfully.

74F(4)
For the purposes of subsection (3), an order becomes final if it would become final for the purposes of section 74E .

74F(5)
Subsection (3) applies despite any other order or decision of a court about the exercise of a discretion.