Income Tax (Transitional Provisions) Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 301 - Superannuation member benefits paid from complying plans etc  

SECTION 301-105   Transitional rules for Schedule 9 to the Treasury Laws Amendment (2022 Measures No. 4) Act 2023  

301-105(1)    
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) that:

(a)    relate to the amendments or repeals made by Schedule 9 to the Treasury Laws Amendment (2022 Measures No. 4) Act 2023 ; and

(b)    relate to either or both of the 2022-23 and 2023-24 income years.

301-105(2)    
Without limiting subsection (1) , rules made under this section before the end of the period of 12 months starting on the day that Schedule commences may provide that provisions of that Schedule, or any other Act or instrument, have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.

301-105(3)    
To avoid doubt, the rules may not do the following:

(a)    create an offence or civil penalty;

(b)    provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c)    impose a tax;

(d)    set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in any Act;

(e)    directly amend the text of an Act.

301-105(4)    
This Schedule (other than subitem (3) ) does not limit the rules that may be made for the purposes of subitem (1) .