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Hide history noteFormer Div 10BA repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.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Former Subdiv A repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010.
(Repealed by No 164 of 2007)
Former s 124ZAC repealed by No 164 of 2007, s 3 and Sch 10 item 41, effective 1 July 2010. S 124ZAC formerly read:
S 124ZAC(1) amended by No 88 of 2009, s 3 and Sch 5 item 90, by substituting
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Arts Minister
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for
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Minister
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, effective 18 September 2009. S 124ZAC(1A) inserted by
No 164 of 2007
, s 3 and Sch 10 item 5, effective 25 September 2007. S 124ZAC(2) amended by No 88 of 2009, s 3 and Sch 5 items 91 and 92, by inserting
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and
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at the end of para (a) and substituting
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Arts Minister
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for
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Minister
"
in para (c), effective 18 September 2009. the Minister shall issue to the applicant a certificate under this section in respect of the film. S 124ZAC(3) amended by No 88 of 2009, s 3 and Sch 5 item 93, by substituting
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Arts Minister
"
for
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Minister
"
(first occurring), effective 18 September 2009. S 124ZAC(3) amended by No 27 of 2002. S 124ZAC(5) amended by No 88 of 2009, s 3 and Sch 5 item 93, by substituting
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Arts Minister
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for
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Minister
"
(first occurring), effective 18 September 2009. S 124ZAC(5) inserted by No 153 of 1988.
SECTION 124ZAC FINAL CERTIFICATES
124ZAC(1)
A person (in this section referred to as the
applicant
) may apply to the Arts Minister for a certificate stating that a film that has been completed is a qualifying Australian film for the purposes of this Division.
124ZAC(1A)
The applicant cannot apply for a certificate in respect of a film under subsection (1) unless a certificate has been issued to the applicant in respect of the film under section
124ZAB
.
124ZAC(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.
124ZAC(3)
Where an application is made to the Minister under subsection (1) and the Arts Minister is satisfied that:
(a)
the film is a qualifying Australian film; and
(b)
having regard to the role of the applicant in the production of the film, the applicant is an appropriate person to whom to grant a certificate under this section in respect of the film, and
(c)
a claim has not been made for a tax offset in respect of the film under Division
376
of the
Income Tax Assessment Act 1997
;
124ZAC(4)
A certificate issued under this section shall be deemed to have been in force at all times before the time when it was issued.
124ZAC(5)
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 decision to the applicant.
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