Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (169 of 2012)

Schedule 3   Amendments consequential on the establishment of the ACNC

Part 1   Amendments commencing at the same time as the Australian Charities and Not-for-profits Commission Act 2012

Taxation Administration Act 1953

4   At the end of section 14ZZ

Add:

(2) Treat a reference in subsection (1) to appealing to the Federal Court as being a reference to appealing to a designated court (within the meaning of the Australian Charities and Not-for-profits Commission Act 2012) if:

(a) the person may appeal to the designated court against an objection decision under that Act (the ACNC objection decision ); and

(b) the objection decision mentioned in subsection (1) (the taxation objection decision ) and the ACNC objection decision are related, or it would be efficient for the designated court to consider the decisions together.

Note: In the Australian Charities and Not-for-profits Commission Act 2012, designated court means the Federal Court of Australia or a Supreme Court of a State or Territory that has jurisdiction in relation to matters arising under that Act.

(3) An appeal to the designated court against the taxation objection decision must be made together with the appeal against the ACNC objection decision as mentioned in section 170-30 of the Australian Charities and Not-for-profits Commission Act 2012, if the designated court is not the Federal Court.