Income Tax Assessment Act 1936
View history note
Hide history noteSubdiv A inserted by No 117 of 1975.
(Repealed by No 11 of 2014)
S 159HA repealed by No 11 of 2014 (as amended by No 70 of 2015), s 3 and Sch 3 item 4, effective 1 July 2019. S 159HA formerly read:
SECTION 159HA INDEXATION FOR THE PURPOSES OF THIS SUBDIVISION
159HA(1)
Section 159Q applies in relation to an indexing year of income as if each indexable amount were replaced by the amount calculated using the formula:
Previous indexable amount
×
Indexation factor
where:
Previous indexable amount is the indexable amount concerned for the previous year of income;
Indexation factor is the indexation factor for the indexing year of income.
S 159HA(1) amended by No 70 of 2015, s 3 and Sch 2 item 18, by substituting " Section 159Q applies " for " Sections 159J, 159L and 159Q apply " , applicable in relation to assessments for the 2014-15 income year and later income years.
S 159HA(1) amended by No 84 of 2013, s 3 and Sch 5 item 8, by substituting " 159Q " for " 159P " , applicable to assessments for the 2012-13 year of income and later years of income.
S 159HA(1) amended by No 136 of 2010, s 3 and Sch 5 item 1, by substituting " , 159L and 159P " for " and 159L " , applicable to assessments for the 2011-2012 year of income and later years of income.
S 159HA(1) amended by No 101 of 2006 , s 3 and Sch 2 item 391, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
159HA(2)
Where, apart from this subsection, an amount calculated under subsection (1) would be an amount of dollars and cents:
(a) if the number of cents is less than 50 - the amount shall be rounded down to the nearest whole dollar; and
(b) in any other case - the amount shall be rounded up to the nearest whole dollar.
159HA(3)
The indexation factor for an indexing year of income is the number (calculated to 3 decimal places) ascertained by dividing the sum of the index numbers for the quarters of the 12 month period ending on 31 March immediately before the indexing year of income by the sum of the index numbers for the quarters of the preceding 12 month period ending on 31 March.
159HA(4)
If the factor ascertained under subsection (3) in relation to an indexing year of income would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained under that subsection in relation to that indexing year of income shall be taken to be the factor calculated to 3 decimal places and increased by 0.001.
159HA(5)
Subject to subsection (6), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.
159HA(6)
If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index numbers published in terms of the new index reference period.
S 159HA(6) amended by No 145 of 2015, s 3 and Sch 4 item 18, by substituting " index reference period " for " reference base " (wherever occurring), effective 10 December 2015.
159HA(6A)
(Repealed by No 70 of 2015)
S 159HA(6A) repealed by No 70 of 2015, s 3 and Sch 2 item 19, applicable in relation to assessments for the 2014-15 income year and later income years. S 159HA(6A) formerly read:
159HA(6A)
If the indexation factor for an indexing year of income is less than 1.000, sections 159J and 159L apply in relation to the indexing year of income as if each indexable amount were the same as the previous indexable amount (as defined in subsection (1)). This subsection has effect despite subsection (1).
S 159HA(6A) amended by No 101 of 2006 , s 3 and Sch 2 item 391, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
S 159HA(6A) inserted by No 102 of 1999.
159HA(7)
In this section:
indexable amount
means:
(a) an amount mentioned in column 1 of an item of the following table; or
(b) if that amount has been altered under this section in relation to the year of income mentioned in column 2 of the item, or a later year of income - the altered amount:
| Indexable amounts | ||
| Item |
Column 1
Indexable amount |
Column 2
First indexable year |
| 1 - 3 | (Repealed by No 70 of 2015) | |
| 4 | the amount specified in subsection 159Q(5) (medical expense rebate higher phase-in limit) | the 2013-14 year of income |
| 5 | the amount specified in subsection 159Q(6) (medical expense rebate lower phase-in limit) | the 2011-12 year of income |
Definition of " indexable amount " substituted by No 84 of 2013, s 3 and Sch 5 item 9, applicable to assessments for the 2012-13 year of income and later years of income. The definition formerly read:
indexable amount
means:
(a) an amount specified in subsection 159J(1B) or (2) (other than the amounts specified in column 3 of the table in subsection 159J(2) in respect of a dependant included in class 3 or 4); or
(b) the amounts specified in subsection 159L(2); or
(c) the amount specified in:
(i) paragraph 23AB(7A)(a); or
(ii) paragraph (d) of the definition of relevant rebate amount in subsection 79A(4); or
(iii) paragraph (d) of the definition of concessional rebate amount in subsection 79B(6); or
(d) an amount specified in paragraph 159P(3A)(b);or, if any such amount has been altered under this section in relation to the 2008-09 year of income or a later year of income, the altered amount.
Definition of " indexable amount " amended by No 62 of 2011, s 3 and Sch 4 item 14, by substituting para (c)(i), applicable to assessments for the 2011-12 income year and later income years. Para (c)(i) formerly read:
(i) sub-subparagraph 23AB(7)(a)(ii)(D); or
Definition of " indexable amount " amended by No 136 of 2010 , s 3 and Sch 5 item 2, by inserting para (d), applicable to assessments for the 2011-2012 year of income and later years of income.
Definition of " indexable amount " substituted by No 75 of 2007 , s 3 and Sch 1 item 4, applicable to assessments for the 2007-08 year of income and later years of income. The definition formerly read:
"indexable amount"
means:
(a) an amount specified in subsection 159J(1B) or (2) (other than the amounts specified in column 3 of the table in subsection 159J(2) in respect of a dependant included in class 3 or 4); or
(b) (Repealed by No 101 of 2006 )
(c) an amount of $1,000 or $1,200 specified in section 159L;or, if any such amount has previously been altered under this section, the altered amount;
Definition of " indexable amount " amended by No 101 of 2006 , s 3 and Sch 2 item 392, by inserting " or " at the end of para (a), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive .
Archived:
S 159HA(7) (paragraph (b) of the definition of " indexable amount " ) repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 item 146, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .
indexation factor
means the indexation factor ascertained under subsection (3);
indexing year of income
means the year of income commencing on 1 July 2008 or a later year of income.
Definition of " indexing year of income " substituted by No 75 of 2007 , s 3 and Sch 1 item 5, applicable to assessments for the 2007-08 year of income and later years of income. The definition formerly read:
"indexing year of income"
means the year of income commencing on 1 July 1990 or a subsequent year of income;
index number
, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.
S 159HA(7) amended by No 70 of 2015, s 3 and Sch 2 item 20, by repealing table items 1, 2 and 3, applicable in relation to assessments for the 2014-15 income year and later income years. Table items 1, 2 and 3 formerly read:
1 the amount specified in:
(a) paragraph 23AB(7A)(a); or
(b) paragraph (d) of the definition of relevant rebate amount in subsection 79A(4); or
(c) paragraph (d) of the definition of concessional rebate amount in subsection 79B(6)the 2008-09 year of income 2 an amount specified in subsection 159J(1B) or (2) (other than the amounts specified in column 3 of the table in subsection 159J(2) in respect of a dependant included in class 3 or 4) the 2008-09 year of income 3 the amounts specified in subsection 159L(2) the 2008-09 year of income
159HA(8)
(Repealed by No 82 of 1999)
S 159HA(8) inserted by No 138 of 1994.
S 159HA inserted by No 70 of 1989.
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