Fringe Benefits Tax Assessment Act 1986

Part VIII repealed by No 2 of 2015, s 3 and Sch 2 item 85, effective 25 February 2015. No 2 of 2015, s 3 and Sch 2 items 95 - 99, contain the following savings provisions:

Division 2 - Savings provisions

95 Object  
95
The object of this Division is to ensure that, despite the repeals and amendments made by Division 1 of this Part, the full legal and administrative consequences of:

(a) any act done or omitted to be done; or

(b) any state of affairs existing; or

(c) any period ending;

before such a repeal or amendment commences, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment commences.

96 Making and amending assessments, and doing other things, in relation to past matters  
96
Even though an Act is amended by Division 1 of this Part, the amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument:

(a) making or amending an assessment (including under a provision that is itself repealed or amended);

(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);

in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the amendment commences.

97 Saving of provisions about effect of assessments  
97
If a provision or part of a provision that is repealed or amended by Division 1 of this Part deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment commences, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment commences. 98 Repeals disregarded for the purposes of dependent provisions  
98
If the operation of a provision (the subject provision ) of any Act or legislative instrument depends to any extent on a provision of an Act, and that provision is repealed by Division 1 of this Part, the repeal is disregarded so far as it affects the operation of the subject provision. 99 Division does not limit operation of section 7 of the Acts Interpretation Act 1901  
99
This Division does not limit the operation of section 7 of the Acts Interpretation Act 1901 .

S 116 repealed by No 2 of 2015, s 3 and Sch 2 item 85, effective 25 February 2015. For savings provisions, see note under Part VIII heading. S 116 formerly read:

SECTION 116 PENALTY TAX WHERE ARRANGEMENT TO AVOID TAX  
116
Where:

(a) for the purpose of making an assessment or arising out of the consideration of an objection, the Commissioner has calculated the tax that is assessable to an employer in respect of a year of tax;

(b) in calculating the tax assessable to the employer, a determination or determinations made by the Commissioner under subsection 67(1) was or were taken into account; and

(c) either of the following subparagraphs applies:

(i) no tax would have been assessable to the employer in respect of the year of tax if no determination had been made under subsection 67(1) in relation to the employer in relation to the year of tax;

(ii) the amount of tax (in this section referred to as the " amount of claimed tax " ) that would, but for this section, have been assessable to the employer in respect of the year of tax if no determination had been made under subsection 67(1) in relation to the employer in respect of the year of tax is less than the amount of tax referred to in paragraph (a);

the employer is liable to pay, by way of penalty, additional tax equal to:

(d) in a case to which subparagraph (c)(i) applies - double the amount of the tax referred to in paragraph (a); or

(e) in a case to which subparagraph (c)(ii) applies - double the amount by which the amount of tax referred to in paragraph (a) exceeds the amount of claimed tax.