Taxation Administration Act 1953

Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 3 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.

Pt 3-20 heading substituted by No 81 of 2016, s 3 and Sch 1 item 13, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:

PART 3-20 - SUSTAINING THE SUPERANNUATION CONTRIBUTION CONCESSION

Pt 3-20 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:

39 Application  
(1)
Subject to this item, the amendments made apply to the 2012-13 income year and later income years.

…

No retrospective administrative penalty

(3)
Despite subitem (1), the amendments made do not give rise to a liability to an administrative penalty under section 286-75 in Schedule 1 to the Taxation Administration Act 1953 for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent [ 28 June 2013].

Modification for certain notice provisions

(4)
Despite subitem (1), section 133-75 in Schedule 1 to the Taxation Administration Act 1953 , as inserted, does not require the Commissioner to give a notice before 1 July 2014.

Div 133 heading substituted by No 81 of 2016, s 3 and Sch 1 item 14, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:

Division 133 - Deferred payment

Div 133 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.

Subdiv 133-C inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.

S 133-120(1) substituted by No 81 of 2016, s 3 and Sch 10 item 56, effective 1 January 2017 and applicable in relation to superannuation interests from which the end benefit becomes payable on or after 1 July 2017. S 133-120(1) formerly read:

133-120(1)
The debt account discharge liability for a * superannuation interest for which the Commissioner keeps a debt account is the lesser of:

(a) the amount by which the debt account is in debit at the earlier of:

(i) the time the * end benefit for the superannuation interest becomes payable; and

(ii) the time a notice under section 133-125 is made; and

(b) the end benefit cap specified in a notice given to the Commissioner by the * superannuation provider under subsection (2) or section 133-140 (as the case requires).

S 133-120(1A) inserted by No 81 of 2016, s 3 and Sch 10 item 56, effective 1 January 2017 and applicable in relation to superannuation interests from which the end benefit becomes payable on or after 1 July 2017.

S 133-120(2) amended by No 76 of 2023, s 3 and Sch 2 item 728, by omitting " Chapter 7 of " before " the Corporations Act 2001 " from the note, effective 20 October 2023.

S 133-120(2) amended by No 13 of 2018, s 3 and Sch 1 item 54, by substituting the note, effective 6 March 2018. No 13 of 2018, s 3 and Sch 1 item 58 contains the following application provision:

58 Application of amendments  
(1)
The amendments made apply on and after the day that is:

(a) the day specified under subitem (2); or

(b) if no such day is specified - the day that is 12 months after the day (the Part 3 application day ) on and after which the amendments made by Part 3 apply.

Note:

For the application of the amendments made by Part 3: see item 44.

(2)
The Minister may, by notifiable instrument, specify a day for the purposes of paragraph (1)(a). The day must not be:

(a) earlier than the Part 3 application day; or

(b) later than 12 months after the Part 3 application day.

(3)
If the day specified under subitem (2) is the Part 3 application day, the amendments made apply on and from the time immediately after the start of the Part 3 application day.

The note formerly read:

Note:

If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint:

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001 ), but not before the authorisation of the scheme comes into force; or

(b) under section 15CA of the Superannuation (Resolution of Complaints) Act 1993 , but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act.

S 133-120(2) amended by No 13 of 2018, s 3 and Sch 1 item 26, by substituting the note, effective 6 March 2018 and applicable on and after the day on which the first authorisation of an external dispute resolution scheme, under Part 7.10A of the Corporations Act 2001 , comes into force. The note formerly read:

Note:

A person may make a complaint to the Superannuation Complaints Tribunal under section 15CA of the Superannuation (Resolution of Complaints) Act 1993 if the person is dissatisfied with notice given to the Commissioner under this subsection.

S 133-120 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.