Income Tax Assessment Act 1997

Div 402 repealed by No 84 of 2013, s 3 and Sch 8 item 32, effective 28 June 2013.

Div 402 inserted by No 42 of 2009, s 3 and Sch 4 item 10, effective 23 June 2009.

Subdiv 402-W repealed by No 84 of 2013, s 3 and Sch 8 item 32, effective 28 June 2013.

Subdiv 402-W inserted by No 42 of 2009, s 3 and Sch 4 item 10, effective 23 June 2009.

S 402-760 repealed by No 84 of 2013, s 3 and Sch 8 item 32, effective 28 June 2013. S 402-760 formerly read:

SECTION 402-760 Certificates  
Issuing certificates

402-760(1)
The *Water Minister may certify, in writing, to a company that a project is eligible for the urban water tax offset for an income year, if:

(a) the eligible up-front capital costs of the project (within the meaning given by the guidelines made under section 402-780) are:

(i) in the case of a stormwater harvesting project - $4 million or more; or

(ii) in any other case - $30 million or more; and

(b) the other requirements specified in those guidelines are met.

402-760(2)
The *Water Minister may only issue certificates for the following income years:

(a) the 2009-10 income year;

(b) the 2010-11 income year;

(c) the 2011-12 income year;

(d) the 2012-13 income year.

402-760(3)
In deciding whether to issue a certificate, the *Water Minister must comply with the guidelines made under section 402-780.

402-760(4)
If the *Water Minister issues a certificate under this section, he or she must, within 30 days, give a copy to the Commissioner.

Refusal to issue certificates

402-760(5)
If the *Water Minister refuses to issue a certificate to a company under this section, he or she must, within 30 days, give written notice of the refusal to the company.

402-760(6)
The notice must explain that the company may apply to the *AAT for review of the *Water Minister ' s refusal to issue a certificate to the company (see section 402-775).

S 402-760 inserted by No 42 of 2009 , s 3 and Sch 4 item 10, effective 23 June 2009.