Income Tax Assessment Act 1936
View history note
Hide history noteFormer Div 10BA repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.
Former Div 10BA inserted by No 111 of 1981.
Former Subdiv A repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.
(Repealed by No 164 of 2007)
Former s 124ZAB repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010. S 124ZAB formerly read:
S 124ZAB(1) amended by No 88 of 2009, s 3 and Sch 5 item 83, by substituting
"
Arts Minister
"
for
"
Minister
"
, effective 18 September 2009. S 124ZAB(2) amended by No 88 of 2009, s 3 and Sch 5 items 84 and 85, by inserting
"
and
"
at the end of para (a) and substituting
"
Arts Minister
"
for
"
Minister
"
in para (c), effective 18 September 2009. S 124ZAB(2A) inserted by
No 164 of 2007
, s 3 and Sch 10 item 3, effective 25 September 2007. the Minister shall issue to the applicant a certificate under this section in respect of the proposed film. S 124ZAB(3) amended by No 88 of 2009, s 3 and Sch 5 item 86, by substituting
"
Arts Minister
"
for
"
Minister
"
(first occurring), effective 18 September 2009. S 124ZAB(3A) amended by No 88 of 2009, s 3 and Sch 5 item 86, by substituting
"
Arts Minister
"
for
"
Minister
"
(first occurring), effective 18 September 2009. S 124ZAB(3A) inserted by No 153 of 1988. S 124ZAB(4) amended by No 88 of 2009, s 3 and Sch 5 item 86, by substituting
"
Arts Minister
"
for
"
Minister
"
(first occurring), effective 18 September 2009. S 124ZAB(5) amended by No 88 of 2009, s 3 and Sch 5 item 87, by substituting
"
Arts Minister
"
for
"
Minister
"
, effective 18 September 2009. the Minister shall, by writing under his hand, revoke the certificate and thereupon the certificate shall, for the purposes of this Act, be deemed never to have been in force. S 124ZAB(6) amended by No 88 of 2009, s 3 and Sch 5 item 88, by substituting
"
Arts Minister
"
for
"
Minister
"
in para (a), effective 18 September 2009. S 124ZAB(6)(b)(ii) amended by No 62 of 1987. A certificate that is revoked under this subsection is, for the purposes of this Act, taken never to have been in force. Revocation of a certificate under this subsection allows a person to claim a tax offset under Division
376
of the
Income Tax Assessment Act 1997
in respect of the film.
SECTION 124ZAB PROVISIONAL CERTIFICATES
124ZAB(1)
A person (in this section referred to as the
applicant
) may apply to the Arts Minister for a certificate stating that a proposed film will, when completed, be a qualifying Australian film for the purposes of this Division.
124ZAB(2)
An application under subsection (1):
(a)
shall be in writing; and
(b)
shall be signed by or on behalf of the applicant; and
(c)
shall be accompanied by such information as the Arts Minister requires.
124ZAB(2A)
An application under subsection (1) must be made before the day on which the
Tax Laws Amendment (2007 Measures No 5) Act 2007
receives the Royal Assent.
124ZAB(3)
Where an application is made to the Arts Minister under subsection (1) and the Minister is satisfied that:
(a)
the proposed film, when completed, will be a qualifying Australian film; and
(b)
having regard to the role of the applicant in the proposed production of the film, the applicant is an appropriate person to whom to issue a certificate under this section in respect of the proposed film,
124ZAB(3A)
Where the Arts Minister makes a decision refusing an application under subsection (1), the Minister shall, as soon as practicable, give notice in writing of the refusal to the applicant.
124ZAB(4)
A person to whom a certificate in respect of a proposed film has been issued under subsection (3) shall furnish to the Arts Minister, within a period specified by the Minister, such information in relation to the proposed film as the Minister requests.
124ZAB(5)
Where a person to whom a certificate in respect of a proposed film has been issued under subsection (3) fails to comply with subsection (4) in respect of the proposed film, the Arts Minister may, by writing under his hand, revoke the certificate and thereupon the certificate shall, for the purposes of this Act, be deemed never to have been in force.
124ZAB(6)
Where:
(a)
the Arts Minister has issued a certificate under this section stating that a proposed film will, when completed, be a qualifying Australian film for the purposes of this Division; and
(b)
at any time after the issue of the certificate, the Minister becomes satisfied that:
(i)
the proposed film, when completed, will not be a qualifying Australian film for the purposes of this Division; or
(ii)
if the proposed film has been completed
-
the completed film is not a qualifying Australian film for the purposes of this Division,
124ZAB(6A)
The Arts Minister may, by signed writing, revoke a certificate in respect of a proposed film that has been issued under subsection (3) if:
(a)
the person who applied for the certificate applies to the Minister for the revocation in the approved form; and
(b)
the person provides a statutory declaration stating that:
(i)
no taxpayer has claimed a deduction under this Division in respect of the film; and
(ii)
a final certificate in respect of the film has not been issued under this Division; and
(iii)
a taxpayer intends to claim a tax offset under Division
376
of the
Income Tax Assessment Act 1997
in respect of the film; and
(iv)
financial assistance has not been provided by the Film Finance Corporation Australia Limited (incorporated under the
Companies Act 1981
on 12 July 1988) in respect of the film.
Note:
S 124ZAB(6A) amended by No 88 of 2009, s 3 and Sch 5 item 89, by substituting " Arts Minister " for " Minister " (first occurring), effective 18 September 2009.
S 124ZAB(6A) amended by No 164 of 2007 , s 3 and Sch 10 item 4, by substituting " a tax offset " for " the tax offset " in the note, effective 25 September 2007.
S 124ZAB(6A) inserted by No 41 of 2005.
124ZAB(7)
Where the Arts Minister, under subsection (5), (6) or (6A), revokes a certificate, the Minister shall, as soon as practicable, give notice in writing of the revocation to the person to whom the certificate was issued.
S 124ZAB(7) amended by No 88 of 2009, s 3 and Sch 5 item 89, by substituting " Arts Minister " for " Minister " (first occurring), effective 18 September 2009.
S 124ZAB(7) amended by No 41 of 2005.
124ZAB(8)
The revocation of a certificate issued under this section in respect of a proposed film does not prevent the issue of a further certificate under this section in respect of that proposed film.
124ZAB(9)
Subject to subsections (5), (6), (6A) and (10), a certificate issued under this section shall be deemed to have been in force at all times before the time when it was issued.
S 124ZAB(9) amended by No 41 of 2005.
124ZAB(10)
If an application for a final certificate in respect of a film is not made in accordance with section 124ZAC before the expiration of 6 months after the time when the film is completed, any certificate issued under this section in respect of the film shall be deemed never to have been in force.
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