TAXATION BOARDS OF REVIEW (TRANSFER OF JURISDICTION) ACT 1986 (REPEALED)

PART IX - AMENDMENTS OF THE GIFT DUTY ASSESSMENT ACT 1941  

SECTION 65   INSERTION OF NEW SECTION  

65    
The Principal Act is amended by inserting after section 36b the following section:

``36C(1)   Implementation of decisions  

When a decision of the Tribunal or of a court under this Part becomes final, the Commissioner shall, not later than 60 days after that decision becomes final, take such action, including amending the assessment concerned, as may be necessary to give effect to that decision.

``36C(2)    
Where a decision may, by special leave of the High Court, be taken on appeal to that Court, then, in determining, for the purposes of sub-section (1), when that decision becomes final -

(a) if that decision is a decision of a Supreme Court of a State or Territory and neither an appeal is made to the Federal Court of Australia within the period for lodging such an appeal nor an application made for special leave to appeal to the High Court within the period of 30 days after the making of the decision-the decision will become final upon the expiration of the later of those periods to expire; or

(b) if that decision is a decision of the Federal Court of Australia and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision-the decision will become final upon the expiration of that period.

``36C(3)    
In this section 'decision', in relation to a court, includes the making of an order under sub-section 34E(1).''.