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 2 title inserted by No 73 of 2006 , s 3 and Sch 5 item 40, effective 1 July 2006.

Subdiv 16-C applies to the financial year starting on 1 July 2000 and to later financial years.

S 16-153(1) amended by No 55 of 2016, s 3 and Sch 23 item 10, by inserting the note, effective 1 October 2016. For application provisions, see note under Div 389 heading.

S 16-153(1) amended by No 58 of 2012, s 3 and Sch 1 item 15, by inserting " 12-FC or " in para (a), effective 21 June 2012.

S 16-153(1) amended by No 66 of 2003, No 15 of 2002.

S 16-153(2) amended by No 55 of 2016, s 3 and Sch 23 item 11, by inserting the note, effective 1 October 2016. For application provisions, see note under Div 389 heading.

S 16-153(2) amended by No 12 of 2012, s 3 and Sch 6 item 218, by substituting " *reportable fringe benefits amount " for " *reportable fringe benefit amount " , effective 21 March 2012.

S 16-153(2) amended by No 27 of 2009, s 3 and Sch 3 item 12, by inserting para (d), applicable in relation to income years starting on or after 1 July 2009.

S 16-153(2) amended by No 86 of 2000.

S 16-153(3) amended by No 27 of 2009, s 3 and Sch 3 item 13, by substituting " , *reportable fringe-benefit amounts and *reportable employer superannuation contributions " for " and *reportable fringe-benefit amounts " in para (b)(i), applicable in relation to income years starting on or after 1 July 2009.

S 16-153(3) amended by No 86 of 2000.

S 16-153(4) amended by No 53 of 2016, s 3 and Sch 6 items 55 and 56, by substituting " *withholding MIT " for " *managed investment trust " and " withholding MIT " for " managed investment trust " in the note, effective 5 May 2016. For application provision, see note under Division 12A heading.

S 16-153(4) amended by No 32 of 2008 , s 3 and Sch 1 item 32, by substituting the note, applicable to fund payments made in relation to the first income year starting on or after the first 1 July after 23 June 2008 and later income years. The note formerly read:

Note:

The entity may be the managed investment trust itself or an intermediary.

S 16-153(4) inserted by No 79 of 2007 , s 3 and Sch 10 item 19, applicable to the first income year starting on or after the first 1 July after the day on which No 79 of 2007 receives the Royal Assent (ie 21 June 2007) and later income years.

Former s 16-153(4) repealed by No 91 of 2000.

S 16-153(4A) amended by No 53 of 2016, s 3 and Sch 6 item 57, by substituting " *withholding MIT " for " *managed investment trust " in para (a), effective 5 May 2016. For application provision, see note under Division 12A heading.

S 16-153(4A) inserted by No 79 of 2007 , s 3 and Sch 10 item 19, applicable to the first income year starting on or after the first 1 July after the day on which No 79 of 2007 receives the Royal Assent (ie 21 June 2007) and later income years.

S 16-153(7) substituted by No 64 of 2020, s 3 and Sch 3 item 305, effective 1 October 2020. No 64 of 2020, s 3 and Sch 3 items 325 and 326 contains the following transitional provisions:

325 Transitional - general provision to preserve existing instruments  
(1)
Subitem (2) applies to an instrument (however described) made under, or for the purposes of, a provision amended by an item of this Part if:

(a) the instrument was in force immediately before the commencement of this Part; and

(b) the provision, as amended, provides for the same instrument, or a similar instrument, to be made as a notifiable instrument or a legislative instrument; and

(c) item 326 does not apply to the instrument.

(2)
The instrument continues in force (and may be dealt with) as if it had been made under, or for the purposes of, the provision as amended.
326 Transitional - other instruments  
…

(5)
A variation made under section 15-15 in Schedule 1 to the Taxation Administration Act 1953 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:

(a) for a variation made by written notice to a particular entity - a variation made by notice under paragraph 15-15(3)(a) in that Schedule as substituted by this Part; or

(b) otherwise - a variation made by legislative instrument under paragraph 15-15(3)(b) in that Schedule as substituted by this Part.

(6)
A variation made under subsection 16-153(6) in Schedule 1 to the Taxation Administration Act 1953 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:

(a) for a variation made by written notice to a particular entity - a variation made by notice under paragraph 16-153(7)(a) in that Schedule as substituted by this Part; or

(b) otherwise - a variation made by legislative instrument under paragraph 16-153(7)(b) in that Schedule as substituted by this Part.

(7)
An exemption made under section 16-180 in Schedule 1 to the Taxation Administration Act 1953 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:

(a) for an exemption made by written notice to a particular entity - an exemption made by notice under paragraph 16-180(2)(a) in that Schedule as substituted by this Part; or

(b) otherwise - an exemption made by legislative instrument under paragraph 16-180(2)(b) in that Schedule as substituted by this Part.

…

S 16-153(7) formerly read:

16-153(7)
A variation must be made by a written notice:

(a) if it applies to a particular entity - that is given to that entity; or

(b) if it applies to a class of entities - that is given to each of the entities, or a copy of which is published in the Gazette .

S 16-153 inserted by No 179 of 1999.