Income Tax Assessment Act 1936

Part VI repealed by No 79 of 2010 , s 3 and Sch 1 item 2, effective 1 July 2010.

Div 1 repealed by No 79 of 2010 , s 3 and Sch 1 item 2, effective 1 July 2010.

S 213 repealed by No 79 of 2010 , s 3 and Sch 1 item 2, effective 1 July 2010. No 79 of 2010 , s 3 and Sch 1 item 57 contains the following:

57 Security deposits  
57
If, just before 1 July 2010, a security requirement is in force under section 213 of the Income Tax Assessment Act 1936 , the requirement has effect, from 1 July 2010, as if it had been made under section 255-100 in Schedule 1 to the Taxation Administration Act 1953 , as added by this Schedule.

S 213 formerly read:

SECTION 213 TEMPORARY BUSINESS  
213(1)
Where the Commissioner has reason to believe that any person establishing or carrying on business in Australia intends to carry on that business for a limited period only, or where the Commissioner for any other reason thinks it proper so to do, he may at any time and from time to time require that person to give security by bond or deposit or otherwise to the satisfaction of the Commissioner for the due return of, and payment of income tax on, the income derived by that person.

213(2)
A person who refuses or fails to give security when required to do so under this section is guilty of an offence.

Penalty for contravention of this subsection: 20 penalty units.

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History

S 213(2) amended by No 143 of 2007 , s 3 and Sch 7 item 104, by substituting " 20 penalty units " for " $2,000 " in the penalty, effective 24 September 2007.

S 213(2) amended by No 123 of 1984, No 108 of 1981 and No 143 of 1965.

Archived:

S 214 to 218 repealed as inoperative by No 101 of 2006 , s 3 and Sch 1 item 161, effective 14 September 2006. Act No 101 of 2006 , s 3 and Sch 6, contained the following saving provisions:

12 Continued operation of repealed section 215 of the Income Tax Assessment Act 1936  
12
If, just before the repeal of section 215 of the Income Tax Assessment Act 1936 by Schedule 1 to this Act, that section applied to:

(a) a liquidator of a company that was being wound up; or

(b) a receiver for debenture holders who had taken possession of assets of a company; or

(c) an agent for a non-resident who had been required by the agent's principal to wind up the business or realise the assets of the principal; the section continues so to apply in spite of the repeal. 13 Continued operation of repealed sections 216 and 220 of the Income Tax Assessment Act 1936  
13
If, just before the repeal of section 216 or 220 of the Income Tax Assessment Act 1936 by Schedule 1 to this Act, that section applied to a deceased taxpayer, the section continues so to apply in spite of the repeal.

For further application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive .