Foreign Acquisitions and Takeovers Act 1975

PART 8 - MISCELLANEOUS  

SECTION 138   POWERS OF COMMISSIONER OF TAXATION  

Powers of Commissioner of Taxation as a result of delegation under section 137

138(1)    
If a power or function under a provision of this Act is delegated to the Commissioner of Taxation under section 137 , the Commissioner has the general administration of this Act to the extent of administering the provision.

Note: The provision is therefore a taxation law for the purposes of the Taxation Administration Act 1953 (among other laws). That Act contains a wide range of provisions about gathering, protecting and dealing with information, the exercise of powers and the performance of functions, under taxation laws, and the enforcement of taxation laws.

138(2)    

However, the following provisions of Schedule 1 to the Taxation Administration Act 1953 do not apply in relation to this Act:

(a) section 255-10 (to defer the payment time);

(b) Subdivision 255-D in that Schedule (security deposits);

(c) Part 4-25 (charges and penalties), other than section 288-35 and Division 298 to the extent that it relates to that section;

(d) Part 4-50 (release from particular liabilities);

(e) paragraph 355-15(c) (application of Division 355);

(f) Part 5-5 (rulings);

(g) Division 444 (obligations of entities on behalf of other entities).

138(3)    
To avoid doubt, the Secretary or a person engaged under the Public Service Act 1999 who is employed in the Department may be a taxation officer (within the meaning of subsection 8J(1) of the Taxation Administration Act 1953 ) to the extent that this Act is a taxation law.

Powers of Commissioner of Taxation as a result of delegation under section 101F

138(3A)    

Subsections (1) to (3) apply in relation to a delegation to the Commissioner of Taxation under section 101F in the same way as they apply in relation to a delegation to the Commissioner under section 137 .

Note: Section 101F allows for the delegation to the Commissioner of certain powers and functions under the Regulatory Powers Act (as it applies in relation to this Act).

138(3B)    

However, for the purposes of applying subsection (2) in relation to a delegation to the Commissioner of Taxation under section 101F , treat that subsection as including the following paragraph:

(da)    sections 353-10 and 353-15 (powers to obtain information and evidence and access premises);

Powers of Commissioner of Taxation as a result of request by Treasurer

138(4)    
The Treasurer may request, in writing, the Commissioner of Taxation to exercise his or her powers under section 353-10 or 353-15 (powers to obtain information and evidence and access premises) in Schedule 1 to the Taxation Administration Act 1953 in relation to a matter if a power or function has not been delegated to the Commissioner under section 137 in relation to the matter.

138(5)    
If the Treasurer does so, the Commissioner of Taxation (or an individual authorised by the Commissioner) may exercise his or her powers under those sections of that Act as if a reference in those sections to a taxation law included a reference to this Act to the extent that it relates to the matter.