PART I - PRELIMINARY
SECTION 1
1
SHORT TITLE
This Act may be cited as the
Superannuation (Self Managed Superannuation Funds) Taxation Act 1987.
History
S 1 amended by No 121 of 1999, No 54 of 1998, No 84 of 1993.
SECTION 2
2
COMMENCEMENT
This Act shall come into operation on a day to be fixed by Proclamation.
[
CCH Note:
This Act was proclaimed to commence on 21 December 1987.]
SECTION 3
INTERPRETATION
3(1)
[Definitions]
In this Act:
"adopted child"
(Omitted by No 84 of 1993)
"annuity"
(Omitted by No 84 of 1993)
History
Definition of ``annuity'' inserted by No 208 of 1992.
"approved auditor"
(Omitted by No 84 of 1993)
"approved deposit fund"
(Omitted by No 84 of 1993)
"approved form"
(Omitted by No 84 of 1993)
History
Definition of ``approved form'' inserted by No 55 of 1991.
"approved purposes"
(Omitted by No 84 of 1993)
History
Definition of ``approved purposes'' amended by No 118 of 1993.
"approved rules"
(Omitted by No 84 of 1993)
"approved trustee"
(Omitted by No 84 of 1993)
``APRA''
(Omitted by No 121 of 1999)
History
Definition of ``APRA'' inserted by No 54 of 1998.
"basic levy amount"
(Omitted by No 84 of 1993)
History
Definition of ``basic levy amount'' inserted by No 55 of 1991.
"child"
(Omitted by No 84 of 1993)
"Commissioner"
(Omitted by No 54 of 1998)
"court"
(Omitted by No 84 of 1993)
"data processing device"
(Omitted by No 84 of 1993)
History
Definition of ``data processing device'' inserted by No 55 of 1991.
"dependant"
(Omitted by No 84 of 1993)
"depositor"
(Omitted by No 84 of 1993)
"document certification provision"
(Omitted by No 84 of 1993)
"employer sponsor"
(Omitted by No 84 of 1993)
History
Definition of ``employer sponsor'' inserted by No 92 of 1992.
"fund affected by a reviewable decision"
(Omitted by No 97 of 1989)
"fund or unit trust affected by a reviewable decision"
, in relation to a reviewable decision, means the fund or unit trust in relation to which the decision was made;
History
Definition of ``fund or unit trust affected by a reviewable decision'' inserted by No 97 of 1989.
"governing rules"
(Omitted by No 84 of 1993)
History
Definition of ``governing rules'' inserted by No 105 of 1989.
"late lodgment amount"
(Omitted by No 84 of 1993)
History
Definition of ``late lodgment amount'' inserted by No 55 of 1991.
"late payment penalty"
(Omitted by No 84 of 1993)
History
Definition of ``late payment penalty'' inserted by No 55 of 1991.
"legal personal representative"
(Omitted by No 84 of 1993)
"levy"
(Omitted by No 84 of 1993)
History
Definition of ``levy'' inserted by No 55 of 1991.
"levy avoidance scheme"
(Omitted by No 84 of 1993)
History
Definition of ``levy avoidance scheme'' inserted by No 55 of 1991.
"levy month"
(Omitted by No 84 of 1993)
History
Definition of ``levy month'' inserted by No 55 of 1991.
"life assurance company"
(Omitted by No 84 of 1993)
History
Definition of ``life assurance company'' inserted by No 61 of 1990.
"minimum basic levy amount"
(Omitted by No 84 of 1993)
History
Definition of ``minimum basic levy amount'' inserted by No 55 of 1991.
"pension"
(Omitted by No 84 of 1993)
History
Definition of ``pension'' inserted by No 208 of 1992.
"pooled superannuation trust"
(Omitted by No 84 of 1993)
History
Definition of ``pooled superannuation trust'' inserted by No 97 of 1989.
"produce"
(Omitted by No 84 of 1993)
"prosecution provisions"
(Omitted by No 84 of 1993)
"protected document"
(Omitted by No 84 of 1993)
History
Definition of ``protected document'' amended by No 97 of 1989.
"protected information"
(Omitted by No 84 of 1993)
History
Definition of ``protected information'' amended by No 97 of 1989.
"registered organisation"
(Omitted by No 84 of 1993)
History
Definition of ``registered organisation'' inserted by No 61 of 1990.
reviewable decision
means a decision of the Commissioner of Taxation under section 15DF.
History
Definition of ``reviewable decision'' amended by No 121 of 1999; substituted by No 54 of 1998; amended by No 62 of 1997, No 53 of 1995, No 84 of 1993, No 7 of 1993, No 208 of 1992, No 55 of 1991 and No 61 of 1990; and substituted by No 97 of 1989.
RSA provider
(Omitted by No 54 of 1998)
History
Definition of ``RSA provider'' inserted by No 62 of 1997.
"spouse"
(Omitted by No 84 of 1993)
"State taxation officer disclosure provision"
(Omitted by No 84 of 1993)
"superannuation fund"
(Omitted by No 84 of 1993)
History
Definition of ``superannuation fund'' amended by No 208 of 1992 and No 61 of 1990.
"superannuation standards officer"
(Omitted by No 84 of 1993)
"Tax Act"
(Omitted by No 84 of 1993)
"taxation officer"
(Omitted by No 84 of 1993)
"transferred retiree member"
(Omitted by No 84 of 1993)
History
Definition of ``transferred retiree member'' amended by No 7 of 1993 and inserted by No 208 of 1992.
"trustee"
, in relation to a fund or trust, has the same meaning as in the Superannuation Industry (Supervision) Act 1993;
History
Definition of ``trustee'' substituted by No 84 of 1993 and inserted by No 97 of 1989.
"unit trust"
(Omitted by No 121 of 1999)
History
Definition of ``unit trust'' inserted by No 97 of 1989.
"year of income"
, in relation to a fund or unit trust, means a period that is, for the purposes of the Tax Act, the year of income of the fund or unit trust that commenced on 1 July 1986 or a subsequent year of income.
History
Definition of ``year of income'' amended by No 97 of 1989.
year of income
(Omitted by No 54 of 1998)
History
Definition of "'year of income' in relation to an RSA provider" inserted by No 62 of 1997.
3(2)-(7)
(Omitted by No 84 of 1993)
History
S 3(4) and (5) inserted by No 61 of 1990.
S 3(6) and (7) inserted by No 208 of 1992.
SECTION 3A
CROWN TO BE BOUND
3A(1)
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
History
S 3A(1) amended by No 59 of 2015, s 3 and Sch 2 item 340, by substituting "and of the Northern Territory" for ", of the Northern Territory and of Norfolk Island", effective 1 July 2016.
S 3A(1) amended by No 55 of 1991.
3A(2)
Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.
History
S 3A(2) amended by No 59 of 2015, s 3 and Sch 2 item 341, by substituting "or of the Northern Territory" for ", of the Northern Territory or of Norfolk Island", effective 1 July 2016.
S 3A(2) amended by No 55 of 1991.
History
S 3A inserted by No 97 of 1989.
4
(Repealed) SECTION 4 APPLICATION OF ACT IN RELATION TO PERIODS BEFORE COMMENCEMENT ETC.
(Repealed by No 84 of 1993)
5
(Repealed) SECTION 5 SATISFACTION OF SUPERANNUATION FUND CONDITIONS
(Repealed by No 84 of 1993)
6
(Repealed) SECTION 6 SATISFACTION OF APPROVED DEPOSIT FUND CONDITIONS
(Repealed by No 84 of 1993)
6A
(Repealed) SECTION 6A SATISFACTION OF POOLED SUPERANNUATION TRUST CONDITIONS
(Repealed by No 84 of 1993)
History
S 6A inserted by No 97 of 1989.
(Repealed) PART II - OPERATING STANDARDS FOR SUPERANNUATION FUNDS, APPROVED DEPOSIT FUNDS AND POOLED SUPERANNUATION TRUSTS
History
Pt II, comprising s 7 to 8A, repealed by No 84 of 1993.
Heading to Pt II amended by No 97 of 1989.
PART III - FUNCTIONS OF THE COMMISSIONER OF TAXATION
History
Pt III heading substituted by No 121 of 1999 and No 54 of 1998.
SECTION 9
9
GENERAL ADMINISTRATION OF ACT
Subject to any directions of the Minister, the Commissioner of Taxation shall have the general administration of this Act.
Note:
An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953.
History
S 9 amended by No 145 of 2010, s 3 and Sch 2 item 86, by inserting the note at the end, effective 17 December 2010.
S 9 amended by No 121 of 1999 and No 54 of 1998.
10-15D
(Repealed) SECTIONS 10-15D REPEALED
(Repealed by No 84 of 1993)
(Repealed) PART IIIAAA - COLLECTION OF RETIREMENT SAVINGS ACCOUNTS SUPERVISORY LEVY
History
Pt IIIAAA, comprising s 10 to 15C, repealed by No 54 of 1998 and inserted by No 62 of 1997.
PART IIIAA - COLLECTION OF SUPERANNUATION (SELF MANAGED SUPERANNUATION FUNDS) SUPERVISORY LEVY
History
Pt IIIAA heading amended by No 55 of 2013, s 3 and Sch 1 item 4, by substituting "superannuation (self managed superannuation funds) supervisory levy" for "superannuation (self managed funds) levy", applicable in relation to the 2013-14 year of income and later years of income.
Pt IIIAA heading substituted by No 121 of 1999 and No 54 of 1998 and inserted by No 55 of 1991.
SECTION 15DAA
15DAA
DEFINITIONS
In this Part:
basic levy amount
(Omitted by No 121 of 1999)
History
Definition of ``basic levy amount'' amended by No 54 of 1998.
excluded superannuation fund
(Omitted by No 121 of 1999)
History
Definition of ``excluded superannuation fund'' inserted by No 54 of 1998.
general interest charge
means the charge worked out under Part IIA of the Taxation Administration Act 1953.
History
Definition of "general interest charge" inserted by No 9 of 2007, s 3 and Sch 5 item 24, applicable to the 2007-2008 income year and later years.
late lodgment amount
(Omitted by No 169 of 1995)
late payment penalty
(Repealed by No 9 of 2007)
History
Definition of "late payment penalty" repealed by No 9 of 2007, s 3 and Sch 5 item 25, applicable to the 2007-2008 income year and later years. The definition formerly read:
late payment penalty
means penalty payable under section 15DC;
levy
means the levy imposed by the Superannuation (Self Managed Superannuation Funds) Supervisory Levy Imposition Act 1991;
History
Definition of ``levy'' amended by No 121 of 1999 and No 54 of 1998.
levy month
(Omitted by No 144 of 1995)
minimum basic levy amount
(Omitted by No 121 of 1999)
self managed superannuation fund
has the meaning given by subsection 10(1) of the Superannuation Industry (Supervision) Act 1993.
History
Definition of ``self managed superannuation fund'' inserted by No 121 of 1999.
S 15DAA inserted by No 84 of 1993.
superannuation entity
has the meaning given by the Superannuation Industry (Supervision) Act 1993.
History
Definition of "superannuation entity" inserted by No 55 of 2013, s 3 and Sch 1 item 5, applicable in relation to the 2013-14 year of income and later years of income.
SECTION 15DA
WHO IS LIABLE TO PAY LEVY
15DA(1)
An entity is liable to pay a levy for a year of income in respect of a superannuation entity if:
(a)
the superannuation entity is a self managed superannuation fund at any time during the year of income; and
(b)
on the day on which the levy becomes due and payable (see section 15DB), the entity is a trustee of the superannuation entity.
15DA(2)
If, on that day, there is more than one trustee of the superannuation entity, those trustees are jointly and severally liable to pay the levy for that year of income in respect of the superannuation entity.
History
S 15DA substituted by No 55 of 2013, s 3 and Sch 1 item 6, applicable in relation to the 2013-14 year of income and later years of income. No 55 of 2013, s 3 and Sch 1 item 10 contains the following transitional provision:
10 Transitional provision - 2013-14 year of income
(1)
Regulations made for the purposes of subsection 15DB(1) of the Superannuation (Self Managed Superannuation Funds) Taxation Act 1987, as amended by this Schedule, may provide that an amount of the levy for the 2013-14 year of income in respect of a superannuation entity is due and payable on a different specified day to the rest of the levy for the year in respect of the entity.
(2)
If the regulations do so, section 15DA of that Act (Who is liable to pay levy) applies separately in relation to each amount of the levy.
S 15DA formerly read:
SECTION 15DA LIABILITY TO LEVY
15DA
A trustee of a self managed superannuation fund who lodges a return under section 35D of the Superannuation Industry (Supervision) Act 1993 is liable to pay a levy on that lodgment.
S 15DA amended by No 154 of 2007, s 3 and Sch 3 item 13, by substituting "35D" for "36A", effective 24 September 2007.
S 15DA amended by No 121 of 1999, No 54 of 1998, No 84 of 1993 and inserted by No 55 of 1991.
SECTION 15DB
WHEN LEVY DUE FOR PAYMENT
15DB(1)
Levy payable for a year of income in respect of a superannuation entity is due and payable on the day specified in the regulations for the purposes of this subsection.
History
S 15DB(1) amended by No 55 of 2013, s 3 and Sch 1 item 7, by substituting "for a year of income in respect of a superannuation entity" for "by a person on the lodgment of a particular return", applicable in relation to the 2013-14 year of income and later years of income. For transitional provision see note under s 15DA.
S 15DB(1) amended by No 121 of 1999 and No 54 of 1998.
15DB(1A)
Without limiting subsection (1), the regulations may provide that levy is due and payable on a dayspecified in a written notice given to a trustee of the superannuation entity by the Commissioner of Taxation.
History
S 15DB(1A) amended by No 55 of 2013, s 3 and Sch 1 item 8, by substituting "a trustee of the superannuation entity" for "the person", applicable in relation to the 2013-14 year of income and later years of income. For transitional provision see note under s 15DA.
S 15DB(1A) inserted by No 121 of 1999.
15DB(2)
The specified day must not be earlier than 21 days after the day on which the notice is given.
History
S 15DB substituted by No 169 of 1995, inserted by No 55 of 1991.
SECTION 15DC
15DC
GENERAL INTEREST CHARGE
If an amount of levy payable by a person remains unpaid after the time by which it is due and payable, the person is liable to pay the general interest charge on the unpaid amount for each day in the period that:
(a)
starts at the beginning of the day on which the amount of levy was due to be paid; and
(b)
ends at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i)
an amount of levy;
(ii)
general interest charge on an amount of levy.
Note:
The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953.
History
S 15DC substituted by No 9 of 2007, s 3 and Sch 5 item 26, applicable to the 2007-2008 income year and later years. S 15DC formerly read:
SECTION 15DC PENALTY FOR NON-PAYMENT OF LEVY
15DC(1)
If any levy payable by a person in relation to a return for a year of income remains unpaid throughout the whole or a part of:
(a)
the calendar month beginning at the start of the day after the day on which the levy became due and payable; or
(b)
a later calendar month;
the person is liable to pay to the Commonwealth, in respect of that calendar month, by way of penalty, the monthly amount specified in, or worked out in a manner specified in, regulations for the purposes of this subsection.
Note:
Calendar month
is defined by section 22 of the Acts Interpretation Act 1901.
History
S 15DC(1) amended by No 121 of 1999 and substituted by No 169 of 1995.
15DC(2)
Maximum amount of penalty.
The amount for a calender month must not exceed $25.
History
S 15DC(2) substituted by No 121 of 1999 and amended by No 169 of 1995.
15DC(3)
(Repealed by No 121 of 1999)
History
S 15DC(3) amended by No 169 of 1995.
15DC(4)
Late payment penalty for a calendar month is due and payable at the end of the calendar month.
History
S 15DC(4) amended by No 169 of 1995.
S 15DC inserted by No 55 of 1991.
15DD
(Repealed) SECTION 15DD RECOVERY OF LEVY
(Repealed by No 15 of 2007)
History
S 15DD repealed by No 15 of 2007, s 3 and Sch 3 item 55, applicable to the 2007-2008 income year and later years. S 15DD formerly read:
SECTION 15DD RECOVERY OF LEVY
15DD
Levy that is due and payable may be recovered by the Commonwealth as a debt due to the Commonwealth.
S 15DD substituted by No 9 of 2007, s 3 and Sch 5 item 27, applicable to the 2007-2008 income year and later years. S 15DD formerly read:
SECTION 15DD RECOVERY OF LEVY ETC.
15DD
The following amounts may be recovered by the Commonwealth as debts due to the Commonwealth:
(a)
levy that is due and payable;
(b)
late payment penalty that is due and payable.
S 15DD inserted by No 55 of 1991.
15DE
(Repealed) SECTION 15DE PAYMENT OF LEVY AND LATE PAYMENT PENALTY
(Repealed by No 15 of 2007)
History
S 15DE repealed by No 15 of 2007, s 3 and Sch 3 item 56, applicable to the 2007-2008 income year and later years. S 15DE formerly read:
SECTION 15DE PAYMENT OF LEVY AND LATE PAYMENT PENALTY
15DE
Levy is payable to the Commissioner of Taxation.
Note:
Levy may be payable to APRA because of section 252G of the Superannuation Industry (Supervision) Act 1993.
CCH NOTE:
Act No 9 of 2007, s 3 and Sch 5 item 27 attempted to omit "and late payment penalty" from the heading to s 15DD. Presumably, the amendment was intended for the heading to s 15DE.
S 15DE amended by No 9 of 2007, s 3 and Sch 5 items 28 and 29, by substituting "is" for "and late payment penalty are" and omitting "and late payment penalty" after "Levy" in the note, applicable to the 2007-2008 income year and later years.
S 15DE amended by No 121 of 1999 and No 54 of 1998 and inserted by No 55 of 1991.
SECTION 15DF
15DF
REMISSION OF LEVY
The Commissioner of Taxation may remit the whole or a part of an amount of levy.
History
S 15DF substituted by No 9 of 2007, s 3 and Sch 5 item 30, applicable to the 2007-2008 income year and later years. S 15DF formerly read:
SECTION 15DF REMISSION OF LEVY AND PENALTIES
15DF
The Commissioner of Taxation may remit the whole or a part of the following:
(a)
an amount of levy;
(b)
an amount of late payment penalty.
S 15DF amended by No 121 of 1999, No 54 of 1998, No 169 of 1995, and inserted by No 55 of 1991.
15DG
(Repealed) SECTION 15DG APPLICATION OF PAYMENTS
(Repealed by Act No 11 of 1999)
History
S 15DG amended by No 54 of 1998 and inserted by No 55 of 1991.
SECTION 15DH
EXEMPTING LAWS INEFFECTIVE
15DH(1)
[Law passed before 24 April 1991]
Nothing in a law passed before the commencement of this section exempts a person from liability to levy.
15DH(2)
[Law passed after 24 April 1991]
A law, or a provision of a law, passed after the commencement of this section that purports to exempt a person from liability to pay taxes under laws of the Commonwealth or to pay certain taxes under those laws that include levy, other than a law or a provision that expressly exempts a person from liability to pay levy, is not to be construed as exempting the person from liability to pay levy.
History
S 15DH inserted by No 55 of 1991.
(Repealed) PART IIIAB - COLLECTION OF LEVY UNDER THE SUPERANNUATION (FINANCIAL ASSISTANCE FUNDING) LEVY ACT 1993
History
Pt IIIAB, consisting of s 15DI to 15DS, repealed by No 54 of 1998 and inserted by No 84 of 1993.
(Repealed) PART IIIAC - COLLECTION OF LEVY UNDER THE SUPERANNUATION (ROLLED-OVER BENEFITS) LEVY ACT 1993
History
Part IIIAC, consisting of s 15DT to 15DZB, repealed by No 53 of 1995 and inserted by No 84 of 1993.
(Repealed) PART IIIA - REASONABLE BENEFIT LIMITS
History
Pt IIIA, comprising s 15E to 15V, repealed by No 208 of 1992 and inserted by No 61 of 1990.
PART IV - MISCELLANEOUS
SECTION 16
REVIEW OF CERTAIN DECISIONS
16(1AA)
(Repealed by No 54 of 1998)
History
S 16(1AA) inserted by No 84 of 1993.
16(1)
The trustees of a fund or unit trust that is affected by a reviewable decision of the Commissioner of Taxation may, if dissatisfied with the decision, by notice given to the Commissioner of Taxation within the period of 21 days after the day on which the trustees of the fund or unit trust first receive notice of the decision, or within such further period as the Commissioner of Taxation allows, request the Commissioner of Taxation to reconsider the decision.
History
S 16(1) amended by No 121 of 1999, No 54 of 1998, No 62 of 1997, No 84 of 1993, No 208 of 1992, No 7 of 1993, No 55 of 1991, No 61 of 1990 and No 97 of 1989.
16(1A)
(Repealed by No 208 of 1992)
History
S 16(1A) inserted by No 61 of 1990.
16(1B)
(Repealed by No 208 of 1992)
History
S 16(1B) inserted by No 98 of 1992.
16(2)
There shall be set out in the request reasons for making the request.
16(3)
Upon receipt of the request, the Commissioner of Taxation shall reconsider the decision and may, subject to subsection
(4), confirm or revoke the decision or vary the decision in such manner as the Commissioner of Taxation thinks fit.
History
S 16(3) amended by No 121 of 1999 and No 54 of 1998.
16(4)
Where the Commissioner of Taxation does not confirm, revoke or vary a decision before the expiration of the period of 21 days after the day on which the Commissioner of Taxation received the request under subsection
(1) to reconsider the decision, the Commissioner of Taxation shall, upon the expiration of that period, be deemed to have confirmed the decision under subsection
(3).
History
S 16(4) amended by No 121 of 1999 and No 54 of 1998.
16(5)
Where the Commissioner of Taxation confirms, revokes or varies a decision before the expiration of the period referred to in subsection
(4), the Commissioner of Taxation shall, by notice served on the applicant, inform the applicant of the result of the reconsideration of the decision and the reasons for confirming, varying or revoking the decision, as the case may be.
History
S 16(5) amended by No 121 of 1999, No 54 of 1998 and No 61 of 1990.
16(5A)
(Repealed by No 84 of 1993)
History
S 16(5A) amended by No 61 of 1990 and No 105 of 1989.
16(6)
Applications may be made to the Administrative Review Tribunal for review of decisions of the Commissioner of Taxation that have been confirmed or varied under subsection
(3).
History
S 16(6) amended by No 38 of 2024, s 3 and Sch 1 item 72, by substituting "Administrative Review Tribunal" for "Administrative Appeals Tribunal", effective 14 October 2024.
S 16(6) amended by No 121 of 1999 and No 54 of 1998.
16(7)
If a decision is deemed to be confirmed because of subsection
(4), then, despite section
18 (when to apply - general rule) of the
Administrative Review Tribunal Act 2024, an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is deemed to be confirmed.
Note:
A person may, under section 19 the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal to extend the period.
History
S 16(7) substituted by No 38 of 2024, s 3 and Sch 1 item 47, effective 14 October 2024. S 16(7) formerly read:
16(7)
Where a decision is deemed, by reason of the operation of subsection (4), to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period commencing on the day on which the decision is deemed to be confirmed and ending on the twenty-eighth day after that day.
16(8)
If a request is made under subsection
(1) in respect of a reviewable decision, section
32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the
Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Tribunal for a review of that decision.
History
S 16(8) substituted by No 38 of 2024, s 3 and Sch 1 item 47, effective 14 October 2024. S 16(8) formerly read:
16(8)
Where a request is made under subsection (1) in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.
16(9)
An order must not be made under subsection
32(2) of the
Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.
History
S 16(9) substituted by No 38 of 2024, s 3 and Sch 1 item 47, effective 14 October 2024. S 16(9) formerly read:
16(9)
The hearing of a proceeding relating to a reviewable decision shall take place in private and the Administrative Appeals Tribunal may, by order:
(a)
give directions as to the persons who may be present; and
(b)
give directions of a kind referred to in subsection 35(3) or (4) of the Administrative Appeals Tribunal Act 1975.
S 16(9) amended by No 60 of 2015, s 3 and Sch 8 item 43, by substituting "subsection 35(3) or (4)" for "paragraph 35(2)(b) or (c)" in para (b), effective 1 July 2015.
16(10)
Despite section
69 (hearings to be in public unless practice directions or Tribunal order requires otherwise) of the
Administrative Review Tribunal Act 2024, the hearing of a proceeding relating to a reviewable decision before the Administrative Review Tribunal is to be in private if the party who made the application requests that it be in private.
History
S 16(10) inserted by No 38 of 2024, s 3 and Sch 1 item 47, effective 14 October 2024.
SECTION 17
STATEMENTS TO ACCOMPANY NOTIFICATION OF DECISIONS
17(1)
Where notice in writing is given to the trustees of a fund or unit trust affected by a reviewable decision that the reviewable decision has been made, that notice shall include a statement to the effect that:
(a)
the trustees may, if dissatisfied with the decision, seek a reconsideration of the decision by the Commissioner of Taxation in accordance with subsection
16(1); and
(b)
the trustees may, subject to the
Administrative Review Tribunal Act 2024, if dissatisfied with a decision made by the Commissioner of Taxation upon that reconsideration confirming or varying the first-mentioned decision, make application to the Administrative Review Tribunal for review of the decision so confirmed or varied.
History
S 17(1) amended by No 38 of 2024, s 3 and Sch 1 item 72, by substituting "Administrative Review Tribunal Act 2024" for "Administrative Appeals Tribunal Act 1975" and "Administrative Review Tribunal for" for "Administrative Appeals Tribunal for" in para (b), effective 14 October 2024.
S 17(1) amended by No 121 of 1999, No 54 of 1998, No 62 of 1997, No 84 of 1993, No 208 of 1992, No 61 of 1990 and No 97 of 1989.
17(2)
Where the Commissioner of Taxation confirms or varies a reviewable decision under subsection
16(3) and gives to the trustees of a fund or unit trust notice in writing of the confirmation or variation of the decision, that notice shall include a statement to the effect that the trustees may, subject to the
Administrative Review Tribunal Act 2024, if dissatisfied with the decision so confirmed or varied, make application to the Administrative Review Tribunal for review of the decision.
History
S 17(2) amended by No 38 of 2024, s 3 and Sch 1 item 72, by substituting "Administrative Review Tribunal Act 2024" for "Administrative Appeals Tribunal Act 1975" and "Administrative Review Tribunal for" for "Administrative Appeals Tribunal for", effective 14 October 2024.
S 17(2) amended by No 121 of 1999, No 54 of 1998, No 62 of 1997, No 84 of 1993, No 208 of 1992, No 61 of 1990 and No 97 of 1989.
17(3)
Any failure to comply with the requirements of subsections
(1) and
(2) in relation to a reviewable decision or a decision under subsection
16(3) does not affect the validity of that decision.
18
(Repealed) SECTION 18 SECRECY
(Repealed by No 84 of 1993)
History
S 18 amended by No 7 of 1993 and No 92 of 1992.
18A
(Repealed) SECTION 18A TRANSMISSION OF INFORMATION TO THE COMMISSIONER OF TAXATION
(Repealed by No 84 of 1993)
History
S 18A inserted by No 98 of 1992.
19
(Repealed) SECTION 19 COMMISSIONER MAY PUBLISH STATISTICAL INFORMATION
(Repealed by No 84 of 1993)
History
S 19 amended by No 61 of 1990 and No 97 of 1989.
SECTION 20
20
DELEGATION
(Repealed by No 54 of 1998)
History
S 20(1) amended by No 84 of 1993.
21
(Repealed) SECTION 21 TRANSITIONAL - ALTERED DEFINITION OF ELIGIBLE TERMINATION PAYMENT
(Repealed by No 54 of 1998)
History
S 21 inserted by No 169 of 1995.
Former s 21 repealed by No 84 of 1993.
SECTION 22
REGULATIONS
22(1)
[Matters to be prescribed]
The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a)
required or permitted by this Act to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular:
(c)
(Omitted by No 84 of 1993)
(d)
(Omitted by No 208 of 1992)
(e)
providing for exemptions from levy and for remissions of levy; and
(f)
providing for the manner of payment for levy and other amounts payable to the Commonwealth under this Act; and
(g)
providing for the refund (or other application) of overpayments.
History
S 22(1) amended by No 55 of 1991 and No 61 of 1990.
22(2)
(Repealed by No 121 of 1999)
History
S 22(2) inserted by No 84 of 1993.
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