Treasury Laws Amendment (2021 Measures No. 2) Act 2021 (110 of 2021)

Schedule 1   Deductible gift recipients

Part 2   Application and transitional provisions

16   Extended application dates

Determining extended application dates

(1) The Commissioner may, by notice in writing, determine that a fund, authority or institution has an extended application date that is the day that occurs 3 years after the transitional application date.

(2) A determination under subitem (1) is not a legislative instrument.

Applications for extended application dates

(3) The Commissioner may make a determination under subitem (1) only if the fund, authority or institution, or an entity that operates it, applies to the Commissioner to have an extended application date.

(4) An application is not valid unless it is in the approved form and made before the transitional application date.

(5) If the transitional application date passes before an application under subitem (3) is determined, the fund, authority or institution has, subject to subitem (1), an extended application date of the day on which the application is determined.

Mandatory considerations for the Commissioner in determining an extended application date

(6) The Commissioner may make a determination under subitem (1) only if:

(a) the Commissioner considers that the prescribed criteria, if any, in relation to the application are satisfied; and

(b) the Commissioner has regard to the prescribed matters, if any, in relation to the application.

(7) The Minister may, by legislative instrument, prescribe for subitem (6) criteria that an application must satisfy and matters to which the Commissioner is to have regard.

Objections

(8) An applicant may object, in the manner set out in Part IVC of the Taxation Administration Act 1953, against a decision of the Commissioner under subitem (1).