Taxation Administration Act 1953

28 DEFINITION OF COMMENCEMENT DAY  
28
In this Part:

commencement day
means the later of:

(a) the day on which this Act receives the Royal Assent; and

(b) 1 January 2006.

[ CCH Note: The Act received assent on 19 December 2005.] =

29 STATUS OF EXISTING RULINGS  
(1)
A public ruling in force immediately before the commencement day under Part IVAAA of the Taxation Administration Act 1953 has effect, on and after that day, as if it were a public ruling made under Division 358 in Schedule 1 to that Act as amended by this Act.

(2)
A private ruling in force immediately before the commencement day under Part IVAA of the Taxation Administration Act 1953 has effect, on and after that day, as if it were a private ruling made under Division 359 in Schedule 1 to that Act as amended by this Act.

(3)
An oral ruling in force immediately before the commencement day under Division 360 in Schedule 1 to the Taxation Administration Act 1953 has effect, on and after that day, as if it were an oral ruling made under Division 360 in Schedule 1 to that Act as amended by this Act.

(4)
A ruling to which this item applies is taken to have been made on the day on which it was originally made.
30 INCONSISTENT RULINGS  
(1)
The rules in the table in subsection 357-75(1) in Schedule 1 to the Taxation Administration Act 1953 do not apply to work out the effect of 2 inconsistent rulings if both of them were originally made before the commencement day.

(2)
Instead, the inconsistency rules that existed immediately before the commencement day are to be applied.

Note:

See former sections 170BC to 170BDC of the Income Tax Assessment Act 1936 for the old inconsistency rules.

31 PENDING APPLICATIONS  
(1)
An application for a private ruling or an oral ruling under the Taxation Administration Act 1953 made before the commencement day and not decided before that day has effect on and after that day as if it were an application for a private ruling under Division 359 , or for an oral ruling under Division 360 , in Schedule 1 to that Act as amended by this Act.

(2)
The application is taken to have been made on the day on which it was originally made.

SECTION 14ZAU WITHDRAWAL OF PRIVATE RULING  
14ZAU(1)
The Commissioner may withdraw a private ruling, either wholly or to an extent, with the consent of the rulee.

14ZAU(2)
The Commissioner may withdraw a private ruling, either wholly or to an extent, even without the consent of the rulee, if:

(a) the arrangement to which it relates has not begun to be carried out; or

(b) the arrangement to which it relates has begun to be carried out and, in the opinion of the Commissioner:

(i) another person would be disadvantaged if the ruling is not withdrawn or withdrawn to that extent; and

(ii) the disadvantage would be much greater than any disadvantage for the rulee because of the withdrawal;

unless the Commissioner has made a decision about an objection against the ruling and:

(c) the period within which the decision may be appealed against has not ended; or

(d) the period within which an application for the review of the decision may be made has not ended; or

(e) there has been an unwithdrawn appeal against, or an unwithdrawn application for the review of, the decision (whether or not the appeal or review has been finalised).

14ZAU(3)
In working out the extent of any disadvantage for the rulee under subsection (2), the Commissioner must have regard to when the arrangement began to be carried out and when the ruling was made.

14ZAU(4)
A private ruling may not be withdrawn under subsection (2) to any extent if it relates to a year of income, or a claim period, that has commenced or ended.

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History

S 14ZAU(4) amended by No 54 of 2003, s 3 and Sch 5 item 29, by inserting ``, or claim period,'' after ``a year of income'', effective 1 July 2003. For transitional provisions, see note under definition of ``Customs diesel fuel rebate provision'' in s 2(1) .