Superannuation (Self Managed Superannuation Funds) Taxation Act 1987
(Repealed by No 54 of 1998)
View history note
Hide history note16(1)
The trustees of a fund or unit trust that is affected by a reviewable decision of the Commissioner of Taxation may, if dissatisfied with the decision, by notice given to the Commissioner of Taxation within the period of 21 days after the day on which the trustees of the fund or unit trust first receive notice of the decision, or within such further period as the Commissioner of Taxation allows, request the Commissioner of Taxation to reconsider the decision.
16(1A)
(Repealed by No 208 of 1992)
16(1B)
(Repealed by No 208 of 1992)
16(2)
There shall be set out in the request reasons for making the request.
16(3)
Upon receipt of the request, the Commissioner of Taxation shall reconsider the decision and may, subject to subsection (4) , confirm or revoke the decision or vary the decision in such manner as the Commissioner of Taxation thinks fit.
16(4)
Where the Commissioner of Taxation does not confirm, revoke or vary a decision before the expiration of the period of 21 days after the day on which the Commissioner of Taxation received the request under subsection (1) to reconsider the decision, the Commissioner of Taxation shall, upon the expiration of that period, be deemed to have confirmed the decision under subsection (3) .
16(5)
Where the Commissioner of Taxation confirms, revokes or varies a decision before the expiration of the period referred to in subsection (4) , the Commissioner of Taxation shall, by notice served on the applicant, inform the applicant of the result of the reconsideration of the decision and the reasons for confirming, varying or revoking the decision, as the case may be.
16(5A)
(Repealed by No 84 of 1993)
16(6)
Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Commissioner of Taxation that have been confirmed or varied under subsection (3) .
[ CCH Note: S 16(6) will be amended by No 38 of 2024, s 3 and Sch 1 item 72, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
16(7)
Where a decision is deemed, by reason of the operation of subsection (4) , to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period commencing on the day on which the decision is deemed to be confirmed and ending on the twenty-eighth day after that day.
[ CCH Note: S 16(7) will be substituted by No 38 of 2024, s 3 and Sch 1 item 47, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 16(7) will read:
]
16(7)
If a decision is deemed to be confirmed because of subsection (4) , then, despite section 18 (when to apply - general rule) of the Administrative Review Tribunal Act 2024, an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is deemed to be confirmed.Note:
A person may, under section 19 the Administrative Review Tribunal Act 2024 , apply to the Administrative Review Tribunal to extend the period.
16(8)
Where a request is made under subsection (1) in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.
[ CCH Note: S 16(8) will be substituted by No 38 of 2024, s 3 and Sch 1 item 47, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 16(8) will read:
]
16(8)
If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Tribunal for a review of that decision.
16(9)
The hearing of a proceeding relating to a reviewable decision shall take place in private and the Administrative Appeals Tribunal may, by order: (a) give directions as to the persons who may be present; and (b) give directions of a kind referred to in subsection 35(3) or (4) of the Administrative Appeals Tribunal Act 1975 .
[ CCH Note: S 16(9) will be substituted by No 38 of 2024, s 3 and Sch 1 item 47, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 16(9) will read:
]
16(9)
An order must not be made under subsection 32(2) of the Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.
[ CCH Note: S 16(10) will be inserted by No 38 of 2024, s 3 and Sch 1 item 47, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 16(10) will read:
]
16(10)
Despite section 69 (hearings to be in public unless practice directions or Tribunal order requires otherwise) of the Administrative Review Tribunal Act 2024 , the hearing of a proceeding relating to a reviewable decision before the Administrative Review Tribunal is to be in private if the party who made the application requests that it be in private.
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