INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART III - LIABILITY TO TAXATION  

Division 17 - Rebates  

Subdivision AAD - Heritage conservation rebate  

SECTION 159UV   REVIEW OF FINAL CERTIFICATE DECISION  

159UV(1)   [Application for review by Tribunal]  

Applications may be made to the Tribunal for review of a decision of the Minister:


(a) refusing to issue a final certificate; or


(b) specifying a particular amount as the amount of the eligible heritage conservation works expenditure in a final certificate.

159UV(2)   [Notice of decision]  

If the Minister makes a decision covered by subsection (1) and gives written notice of the decision to the taxpayer, that notice must:


(a) in all cases - include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision; and


(b) except where subsection 28(4) of that Act applies - include a statement to the effect that a request may be made under section 28 of that Act by or on behalf of such a person for a statement:


(i) setting out the findings on material questions of fact; and

(ii) referring to the evidence or other material on which those findings were based; and

(iii) giving the reasons for the decision.

159UV(3)   [Effect of non-compliance]  

A failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.


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