Income Tax Assessment Act 1997

Div 396 repealed by No 41 of 2011, s 3 and Sch 5 item 158, effective 27 June 2011.

Subdiv 396-D repealed by No 41 of 2011, s 3 and Sch 5 item 158, effective 27 June 2011. The guide to Subdiv 396-D formerly read:

Guide to Subdivision 396-D

This Subdivision sets out the process for applications to be made and approved and agreements to be entered into.

S 396-75 repealed by No 41 of 2011, s 3 and Sch 5 item 158, effective 27 June 2011. S 396-75 formerly read:

SECTION 396-75 Selection criteria  
396-75(1)
In making a decision, the *Transport Minister is to take into account the following matters:

(a) the commercial viability of the ^* land transport facilities;

(b) the benefit that the borrower would receive from having the ^* tax offset available to lenders;

(c) the estimated taxation revenue that would be forgone as a result of allowing the ^* tax offsets;

(d) any economic or social benefits or costs associated with the project;

(e) the extent to which the project conforms to Commonwealth and State government policies and planning requirements;

(f) the extent to which persons who are likely to be affected by the project have been consulted in relation to the project;

(g) any other matter that the Minister considers is relevant.

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History

S 396-75(1) amended by No 88 of 2009, s 3 and Sch 5 items 157 and 158, by substituting " *Transport Minister " for " Minister for Transport and Regional Development " (first occurring) and omitting " for Transport and Regional Development " after " Minister " in para (g), effective 18 September 2009.

396-75(2)
The *Transport Minister is also to take into account any advice from the Commissioner in relation to the application of this Act in relation to the project or any ^* borrowings or proposed borrowings relating to the project.

Example:

The Commissioner may advise the Minister that:

• a lender is a foreign resident; or

• section 51AD of the Income Tax Assessment Act 1936 may apply to the project; or

• Division 250 may apply in relation to the land transport facilities.

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History

S 396-75(2) amended by No 88 of 2009, s 3 and Sch 5 item 159, by substituting " *Transport Minister " for " Minister for Transport and Regional Development " , effective 18 September 2009.

S 396-75(2) amended by No 164 of 2007 , s 3 and Sch 1 item 61, by substituting the example, effective 25 September 2007. The example formerly read:

Example:

The Commissioner may advise the Minister that a lender is a foreign resident or that section 51AD of the Income Tax Assessment Act 1936 may apply to the project.

S 396-75(2) amended by No 41 of 2005.

S 396-75 inserted by No 16 of 1998.