PART 1 - PRELIMINARY
SECTION 1
1
SHORT TITLE
This Act may be cited as the
Termination Payments Tax (Assessment and Collection) Act 1997.
SECTION 2
2
COMMENCEMENT
This Act commences on the day on which it receives the Royal Assent.
SECTION 3
ACT TO BIND CROWN
3(1)
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
3(2)
Nothing in this Act permits the Crown to be prosecuted for an offence.
SECTION 4
4
EXTENSION TO TERRITORIES
This Act extends to Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
SECTION 5
5
OBJECT OF ACT
The object of this Act is to provide for the assessment and collection of the termination payments surcharge. The surcharge is payable on payments of kinds commonly known as golden handshakes that are made to high-income taxpayers in consequence of the termination of their employment.
SECTION 6
6
OUTLINE OF ACT
The following is a simplified outline of this Act.
• If any termination payments have been or are made to or for a taxpayer after 7.30 pm on 20 August 1996 and before 1 July 2005, the Commissioner will calculate the taxpayer's adjusted taxable income for the financial year in which the payments were or are made.
• If the amount calculated is greater than the surcharge threshold, the Commissioner will calculate the rate of surcharge and assess the amount of surcharge payable by the taxpayer on the payments. Only part of certain employment-related termination payments is subject to the surcharge.
• If, after the assessment of surcharge, the taxpayer's adjusted taxable income is found to be different from the amount that was previously calculated or the termination payments are found to be different from the amount on which the assessment was based, the Commissioner may amend the assessment.
• If liability for surcharge is increased as a result of an amendment of an assessment, the general interest charge is payable on the additional surcharge.
• A taxpayer may object against an assessment of surcharge in the way set out in Part IVC of the Taxation Administration Act 1953 for objecting against assessment of income tax.
• A late payment penalty applies if surcharge is not paid on time.
History
S 6 amended by No 102 of 2005, s 3 and Sch 1 item 39, by inserting "and before 1 July 2005" after "20 August 1996", effective 12 August 2005.
S 6 amended by No 131 of 1999, s 3 and Sch 3 item 1, by substituting the fifth dot point, effective 13 October 1999. The fifth dot point formerly read: "• The provisions in the Taxation Administration Act 1953 for objecting against assessments of income tax apply to assessments of surcharge.".
S 6 amended by No 11 of 1999, s 3 and Sch 1 items 376 and 377, by substituting "the general interest charge is payable on the additional surcharge" for "interest is payable on the additional surcharge" and by omitting "• The Commissioner may remit interest or late payment penalty: a refusal to remit is reviewable by the Administrative Appeals Tribunal.'' from the end, applicable in relation to amounts that are to be paid on or after 1 July 1999.
PART 2 - LIABILITY TO SURCHARGE
SECTION 7
APPLICATION
7(1)
Act provides for surcharge on termination payments.
This Act provides for the payment of surcharge on certain payments (
termination payments) made to or for high-earning taxpayers (see subsection 8(2)) in consequence of the termination of their employment.
7(2)
Definition of
termination payment
.
A
termination payment
is a payment that:
(a)
is made after 7.30 pm by legal time in the Australian Capital Territory on 20 August 1996 and before 1 July 2005; and
(b)
is the retained amount of an eligible termination payment for the purposes of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act because of paragraph (a) of the definition of
eligible termination payment
in subsection 27A(1) of that Act;
but does not include the retained amount of any post-June 1994 invalidity component or CGT exempt component of such a payment or an eligible termination payment from an employee share acquisition scheme.
History
S 7(2) amended by No 102 of 2005, s 3 and Sch 1 item 3, by inserting "and before 1 July 2005" after "20 August 1996" in para (a), effective 12 August 2005.
S 7(2) amended by No 147 of 1997.
SECTION 8
TERMINATION PAYMENTS SURCHARGE
8(1)
Surcharge payable on termination payments.
Subject to subsection (1A), termination payments surcharge is payable on any termination payments made to or for a taxpayer.
History
S 8(1) amended by No 96 of 2001, s 3 and Sch 3 item 1, by substituting "Subject to subsection (1A), termination payments surcharge" for "Termination payments surcharge", applicable only to payments made after 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001. Act No 96 of 2001, Sch 3 item 5, contained the following provision:
5
Amendment of assessments
Nothing in the Termination Payments Tax (Assessment and Collection) Act 1997 prevents the amendment of an assessment of surcharge on termination payments made to or for a taxpayer for a financial year for the purpose of giving effect to an amendment of that Act made by this Schedule or Schedule 1 if the Commissioner has sufficient information to satisfy himself or herself that the amendment is required or permitted for that purpose and the amendment does not increase the amount of surcharge payable in respect of those termination payments.
8(1A)
No surcharge is payable on excessive part of termination payments.
In the case of a termination payment made after 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001, surcharge is not payable on any part of the payment that the Commissioner has determined under section 140R of the Income Tax Assessment Act to be in excess of the RBLs of the taxpayer.
History
S 8(1A) inserted by No 96 of 2001, s 3 and Sch 3 item 2, applicable only to payments made after 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001. For further application provision, see the history note to s 8(1).
8(2)
No surchargeis payable unless adjusted taxable income is greater than surcharge threshold.
Surcharge is payable only if the taxpayer's adjusted taxable income for the financial year in which the payments are made is greater than the surcharge threshold for the financial year.
8(3)
No surcharge is payable by residents of external Territories.
Surcharge is not payable on any termination payments made to or for a taxpayer in a financial year if the taxpayer is a Territory resident for the purposes of Division 1A of Part III of the Income Tax Assessment Act as it applies to the year of income that comprises that financial year.
8(4)
Taxpayer liable for surcharge.
The taxpayer is liable to pay the surcharge.
SECTION 9
SURCHARGE PAYABLE ONLY ON PART OF CERTAIN TERMINATION PAYMENTS
9(1)
This section applies if a termination payment has been or is made to or for a taxpayer after 20 August 1996.
9(2)
In the case of a termination payment made at or before 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001, surcharge is payable only on the part of the termination payment that is worked out using the formula:
Post-20 August 1996 period
Total period |
× |
Termination payment |
9(3)
In the case of a termination payment made after 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001, surcharge is payable only on the part of the termination payment that is worked out using the formula:
9(4)
For the purposes of this section:
excessive component
means the part (if any) of the termination payment that the Commissioner has determined under section 140R of the Income Tax Assessment Act to be in excess of the RBLs of the taxpayer.
post-20 August 1996 period
means the number of days in the period of the taxpayer's employment for which the termination payment was made that occurred after 20 August 1996.
total period
means the number of days in the period of the taxpayer's employment for which the termination payment was made.
History
S 9 substituted by No 96 of 2001, s 3 and Sch 3 item 3, applicable only to payments made after 7.30 pm by legal time in the Australian Capital Territory on 22 May 2001. For further application provision, see the history note to s 8(1). S 9 formerly read:
SURCHARGE PAYABLE ONLY ON PART OF CERTAIN TERMINATION PAYMENTS
9(1)
Termination payments made before 20 August 2001.
If a termination payment has been or is made to or for a taxpayer after 20 August 1996 and before 20 August 2001, surcharge is payable only on the part of the termination payment that is worked out using the formula:
Post-20 August 1996 period
Total period |
× |
Termination payment |
where:
post-20 August 1996 period
means the number of days in the period of the taxpayer's employment for which the termination payment was made that occurred after 20 August 1996.
total period
means the number of days in the period of the taxpayer's employment for which the termination payment was made.
9(2)
Termination payments made on or after 20 August 2001.
If:
(a)
a termination payment is made to or for a taxpayer on or after 20 August 2001; and
(b)
the taxpayer is entitled to the payment under a written agreement between the taxpayer and his or her employer that was entered into before 7.30 pm by legal time in the Australian Capital Territory on 20 August 1996;
surcharge is payable only on the part of the termination payment that is worked out using the formula:
Post-20 August 1996 period
Total period |
× |
Termination payment |
where:
post-20 August 1996 period
means the number of days in the period of the taxpayer's employment in respect of which the termination payment was made that occurred after 20 August 1996.
total period
means the number of days in the period of the taxpayer's employment in respect of which the termination payment was made.
SECTION 10
SURCHARGE THRESHOLD
10(1)
Surcharge threshold for 1996-97 financial year.
The
surcharge threshold
for the 1996-97 financial year is $70,000.
10(2)
Surcharge threshold for later financial year.
The
surcharge threshold
for a later financial year is the amount calculated using the formula:
| Previous surcharge threshold × Indexation factor |
where:
previous surcharge threshold
means the surcharge threshold for the financial year immediately before the financial year for which the surcharge threshold is being calculated.
indexation factor
means the number calculated under subsections (4) and (5) for the financial year for which the surcharge threshold is being calculated.
[
CCH Note:
The table below sets out the surcharge threshold from 20 August 1996 and 30 June 2005. Superannuation contributions surcharge is not payable on contributions made on or after 1 July 2005.
|
Financial Year
|
$
|
| 1997/98 |
73,220 |
| 1998/99 |
75,856 |
| 1999/2000 |
78,208 |
| 2000/01 |
81,493 |
| 2001/02 |
85,242 |
| 2002/03 |
90,527 |
| 2003/04 |
94,691 |
| 2004/05 |
99,710] |
10(3)
Rounding off of amount of surcharge threshold.
If an amount worked out for the purposes of subsection (2) is an amount of dollars and cents:
(a)
if the number of cents is less than 50 - the amount is to be rounded down to the nearest whole dollar; or
(b)
otherwise - the amount is to be rounded up to the nearest whole dollar.
10(4)
Indexation factor.
The
indexation factor
for a financial year is the number calculated, to 3 decimal places, using the formula:
Index number for last quarter in current March year
Index number for last quarter in previous March year |
where:
index number
, for a quarter, means the estimate of full-time adult average weekly ordinary time earnings for the middle month of the quarter published by the Australian Statistician.
current March year
means the period of 12 months ending on 31 March immediately before the financial year for which the surcharge threshold is being calculated.
previous March year
means the period of 12 months immediately before the current March year.
10(5)
Rounding up of indexation factor.
If the number calculated under subsection (4) for a financial year would, if it were worked out to 4 decimal places, end with a number greater than 4, the number so calculated is increased by 0.001.
10(6)
Change in index numbers.
If at any time, whether before or after the commencement of this Act, the Australian Statistician has published or publishes an index number for a quarter in substitution for an index number previously published for the quarter, the publication of the later index number is to be disregarded.
10(7)
Surcharge threshold to be published.
The Commissioner must publish before, or as soon as practicable after, the start of the 1997-98 financial year, and before the start of each later financial year (being a financial year that ends before 1 July 2005), the surcharge threshold for the financial year.
Note:
For the purposes of this section,
Australian Statistician
means the Australian Statistician referred to in subsection 5(2) of the Australian Bureau of Statistics Act 1975.
History
S 10(7) amended by No 102 of 2005, s 3 and Sch 1 item 40, by inserting "(being a financial year that ends before 1 July 2005)" after "each later financial year", effective 12 August 2005.
PART 3 - ASSESSMENT AND COLLECTION OF SURCHARGE
SECTION 11
ASSESSMENT OF LIABILITY TO PAY SURCHARGE
11(1)
Commissioner to assess surcharge.
For each financial year (being a financial year that ends before 1 July 2005) in which termination payments are made to or for a taxpayer, the Commissioner must make an assessment that:
(a)
calculates the taxpayer's adjusted taxable income; and
(b)
if the adjusted taxable income is greater than the surcharge threshold:
(i)
calculates the termination payments; and
(ii)
calculates the rate of surcharge that applies to the taxpayer; and
(iii)
specifies the amount of the surcharge payable or, if no surcharge is payable, states that a nil amount of surcharge is payable; and
(c)
if the adjusted taxable income is equal to or less than the surcharge threshold - states that a nil amount of surcharge is payable.
History
S 11(1) amended by No 102 of 2005, s 3 and Sch 1 item 41, by inserting "(being a financial year that ends before 1 July 2005)" after "each financial year", effective 12 August 2005.
S 11(1) substituted by No 131 of 1999, s 3 and Sch 3 item 2, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years. S 11(1) formerly read:
11(1)
Commissioner to assess surcharge.
For each financial year in which termination payments are made to or for a taxpayer, the Commissioner must:
(a)
calculate the taxpayer's adjusted taxable income; and
(b)
if the adjusted taxable income is greater than the surcharge threshold:
(i)
calculate the termination payments; and
(ii)
calculate the rate of surcharge that applies to the taxpayer; and
(iii)
make an assessment, directed to the taxpayer, of any surcharge payable.
11(2)
When surcharge is payable.
Surcharge assessed under subsection (1) is payable within one month after the day on which the assessment is made.
Note:
For provisions about collection and recovery of termination payments surcharge and other related amounts, see Part 4-15 in Schedule 1 to the Taxation Administration Act 1953.
History
S 11(2) amended by No 44 of 2000, s 3 and Sch 3 item 69, by adding the Note, effective 22 December 1999.
11(3)
Notice of assessment.
When an assessment (including an amended assessment) is made, the Commissioner must, subject to subsection (4), give notice of the assessment to the taxpayer.
History
S 11(3) substituted by No 131 of 1999, s 3 and Sch 3 item 3, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years. S 11(3) formerly read:
11(3)
Information to be included in an assessment.
An assessment of surcharge must explain the calculations on which the assessment was based, including particulars of the adjusted taxable income for the financial year, the termination payments and the amount of surcharge, and must state the day by which the surcharge is payable.
11(4)
No notice if nil amount assessed.
The Commissioner is not required under subsection (3) to give a notice of an assessment if the assessment states that a nil amount of surcharge is payable.
History
S 11(4) substituted by No 131 of 1999, s 3 and Sch 3 item 3, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years. S 11(4) formerly read:
11(4)
Copy of assessment to be given to taxpayer.
When an assessment (including an amended assessment) is made, the Commissioner must give a copy to the taxpayer.
11(5)
Particulars in notice of assessment.
A notice of assessment must include particulars of the matters contained in the assessment under subsection (1).
History
S 11(5) substituted by No 131 of 1999, s 3 and Sch 3 item 3, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years. S 11(5) formerly read:
11(5)
Nil assessment.
If the Commissioner calculates that no surcharge is payable by a taxpayer for a financial year, the calculation is taken, for the purposes of this Act other than subsection (4), to be an assessment on which a nil amount of surcharge was due and payable.
11(6)
How a notice is to be given.
A notice of assessment may be given in any manner prescribed by the regulations.
History
S 11(6) inserted by No 131 of 1999, s 3 and Sch 3 item 3, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years.
11(7)
Non-compliance not to affect validity of assessment.
The validity of any assessment is not affected by any non-compliance with a provision of this Act.
History
S 11(7) inserted by No 131 of 1999, s 3 and Sch 3 item 3, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years.
SECTION 11A
PERIODS WITHIN WHICH ASSESSMENTS MAY BE AMENDED
11A(1)
General provision.
The Commissioner may, subject to this section, at any time amend an assessment of surcharge on a termination payment or termination payments made to or for a taxpayer by making such alterations or additions as the Commissioner thinks necessary, even though surcharge has been paid in respect of the assessment. Such an amendment may be made on the Commissioner's own initiative or at the request of the member.
11A(2)
Period for making further amendment.
If:
(a)
an assessment has been amended in any particular in a way that effected a reduction in the amount of surcharge payable; and
(b)
for the purposes of making the amendment, the Commissioner accepted a statement made by or on behalf of a taxpayer;
the Commissioner may, within 4 years from the date of service of the notice of the amended assessment, further amend the assessment in, or in respect of, that particular in a way that increases the amount of the surcharge payable to the extent that the Commissioner considers necessary.
11A(3)
Period where avoidance of surcharge.
Subject to this section, if there has been an avoidance of surcharge, the Commissioner may:
(a)
if the Commissioner is of the opinion that the avoidance of surcharge is due to fraud or evasion - at any time; or
(b)
in any other case - within 4 years from the date upon which the surcharge became due and payable under the assessment;
amend the assessment by making such alterations or additions as the Commissioner thinks necessary to correct the assessment.
11A(4)
Period where amendment reduces surcharge.
An amendment effecting a reduction in the amount of surcharge payable under an assessment is not to be made after the end of 4 years from the date upon which the surcharge became due and payable under the assessment.
11A(5)
Application or request for extension of period.
If:
(a)
the Commissioner has begun an examination of the affairs of a taxpayer; and
(b)
the examination was not completed within the period within which the Commissioner may amend an assessment to which the examination relates under subsection (3) or, if that period has been extended by any previous order or orders of the Federal Court of Australia made under subsection (6), or by any previous consent or consents of the taxpayer given under subsection (7), within that period as so extended;
the Commissioner may, before the end of the period referred to in paragraph (b) of this subsection, apply to the Federal Court for an order extending, or request the taxpayer to consent to the extension of, the period within which the Commissioner may amend the assessment under paragraph (3)(b).
11A(6)
Court may extend period.
If, on application made to the Federal Court of Australia in accordance with subsection (5), the Court is satisfied that it was not reasonably practicable, or it was inappropriate, for the Commissioner to complete the examination within the period referred to in paragraph (5)(b) because of any action taken by the taxpayer or any failure of the taxpayer to take action that it would have been reasonable for the taxpayer to take, the Court may make an order extending the period within which the Commissioner may amend the assessment under paragraph (3)(b) for such period as the Court considers appropriate.
11A(7)
Taxpayer may extend period.
If a request is made to the taxpayer in accordance with subsection (5), the taxpayer may, by writing, consent to the extension of the period within which the Commissioner may amend the assessment under paragraph (3)(b) for such period as is specified in the instrument of consent.
11A(8)
Meaning of take action.
In subsection (6), a reference to action taken by a taxpayer includes a reference to the institution by the taxpayer of a proceeding before a court or tribunal.
11A(9)
Period for further amendment reducing surcharge.
If an assessment has, under this section, been amended in any particular, the Commissioner may, within 4 years from the date upon which surcharge became due under the amended assessment, make, in or in respect of that particular, such further amendment of the assessment as, in the Commissioner's opinion, is necessary to effect such reduction in the amount of surcharge payable under the assessment as is just.
11A(10)
Case when subsection (9) does not apply.
Subsection (9) does not authorise the further amendment of an earlier further amendment of an assessment made under subsection (2).
11A(11)
Assessment following application by taxpayer.
If:
(a)
an application for an amendment of an assessment is made by a taxpayer within 4 years from the date upon which surcharge became due and payable under the assessment; and
(b)
the taxpayer has given to the Commissioner within that period all information needed by the Commissioner for the purpose of deciding the application;
the Commissioner may amend the assessment when he or she decides the application even though that period has elapsed.
11A(12)
How application for amendment is to be made.
An application for amendment must be made in writing, on a data processing device or by way of electronic transmission and must be signed in accordance with the regulations.
11A(13)
Information to be contained in application.
An application for amendment must be given in the prescribed manner and contain the prescribed information.
11A(14)
Certain other powers of amendment not affected.
Nothing in this section prevents:
(a)
the amendment of an assessment in order to give effect to the decision upon any appeal or review; or
(b)
the amendment of an assessment by way of reduction in the amount of surcharge payable pursuant to an objection made against the assessment or pending any appeal or review.
History
S 11A inserted by No 131 of 1999, s 3 and Sch 3 item 4, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years.
SECTION 12
AMENDMENT OF ASSESSMENTS
12(1)
Application.
This section applies if, after the making of an assessment of surcharge on a termination payment or termination payments made to or for a taxpayer in a financial year:
(a)
the taxpayer's adjusted taxable income for the financial year is increased or reduced and the increase or reduction affects the taxpayer's liability to pay the surcharge; or
(b)
the amount of the payment or the sum of the amounts of the payments is greater or less than the amount that was taken to be the amount of the payment or the sum for the purposes of the assessment.
12(2)
Commissioner may amend assessment.
The Commissioner may amend the assessment to take account of any matter referred to in paragraph (1)(a) or (b).
12(3)
Amendment increasing surcharge.
If, as a result of the amendment of the assessment, the amount of surcharge is increased, the amount of the increase is payable within one month after the day on which the assessment is amended.
12(4)
Amendment reducing surcharge.
If, as a result of the amendment of the assessment, the amount of surcharge is reduced:
(a)
the amount by which the surcharge is reduced is taken never to have been payable; and
(b)
the Commissioner must:
(i)
refund the amount of any surcharge overpaid; or
(ii)
apply that amount against any liability of the taxpayer to the Commonwealth under this Act, and refund to the taxpayer any part of that amount not so applied.
History
S 12(4) substituted by No 191 of 1997.
12(5)
This section subject to section 11A.
This section is subject to section 11A.
History
S 12(5) inserted by No 131 of 1999, s 3 and Sch 3 item 5, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years.
SECTION 13
PAYMENT OF GENERAL INTEREST CHARGE IF LIABILITY INCREASED BY AMENDED ASSESSMENT
13(1)
Liability to pay general interest charge.
If an amendment of an assessment increasing a taxpayer's liability to pay surcharge for a financial year is made, the taxpayer is liable to pay the general interest charge on the amount of the increase for each day in the period that:
(a)
started at the beginning of 15 June in the financial year; and
(b)
finishes at the end of the day before the amended assessment is made.
Note:
The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953.
History
S 13(1) amended by No 101 of 2006, s 3 and Sch 2 item 1060, by omitting the reference to a repealed inoperative Division in the note, effective 14 September 2006. For application and saving provisions see the CCH Australian Income Tax Legislation archive.
13(2)
Amendment of nil assessment.
If:
(a)
the Commissioner has calculated that no surcharge is payable by a taxpayer for a financial year; and
(b)
the Commissioner afterwards makes an assessment of surcharge payable by the taxpayer for the financial year;
that assessment is taken to be an amended assessment.
History
S 13 substituted by No 11 of 1999, s 3 and Sch 1 item 378, applicable to the extent that the period for which the person is liable to pay the general interest charge occurs on or after 1 July 1999. S 13 formerly read:
PAYMENT OF INTEREST TO COMMONWEALTH IF LIABILITY INCREASED BY AN AMENDMENT OF AN ASSESSMENT
13(1)
If an amendment of an assessment increasing a taxpayer's liability to pay surcharge is made, the taxpayer must pay interest to the Commonwealth, calculated in accordance with subsection (2), on the amount of the increase.
13(2)
Interest payable by a taxpayer under subsection (1) as a result of an amended assessment (the
current amended assessment
) of surcharge for a financial year is to be calculated:
(a)
for the period:
(i)
starting on 15 June in the financial year; and
(ii)
ending on the day on which the current amended assessment is made; and
(b)
at such annual rate or rates of interest as are provided for by section 214A of the Income Tax Assessment Act.
13(3)
If:
(a)
the Commissioner has calculated that no surcharge is payable by a taxpayer for a financial year; and
(b)
the Commissioner afterwards makes an assessment of surcharge payable by the taxpayer for the financial year;
the assessment referred to in paragraph (b) is taken to be an amended assessment.
13(4)
If the amount of interest that would be payable under subsection (1) by a taxpayer is less than 50 cents, the interest is not payable.
13(5)
If a taxpayer is liable to pay interest under this section, the Commissioner must notify the taxpayer of:
(a)
the period for which the taxpayer is liable to pay the interest; and
(b)
the amount of the interest; and
(c)
a date (not earlier than 30 days after the day on which the notification was given) as the due date for payment of the interest;
and the amount is due and payable on that date.
13(6)
The Commissioner may remit the whole or part of any interest payable by a taxpayer under this section.
Note: A refusal to remit interest is reviewable by the Administrative Appeals Tribunal (see section 20).
SECTION 14
14
COMMISSIONER MAY USE TAX FILE NUMBERS FOR THE PURPOSES OF THIS ACT
The Commissioner may use for the purposes of this Act a tax file number that has been provided for any other purpose.
SECTION 15
15
OBJECTIONS AGAINST ASSESSMENTS
If:
(a)
an assessment of surcharge payable by a taxpayer is made; and
(b)
the taxpayer is dissatisfied with the assessment;
the taxpayer may object against it in the way set out in Part IVC of the Taxation Administration Act 1953.
PART 4 - RECOVERY OF UNPAID SURCHARGE, GENERAL INTEREST CHARGE OR LATE PAYMENT PENALTY
History
Part 4 heading substituted by No 11 of 1999, s 3 and Sch 1 item 379, applicable in relation to amounts that are due to be paid on or after 1 July 1999.
Heading formerly read "Part 4 - Recovery of unpaid surcharge, interest or late payment penalty".
SECTION 16
PENALTY FOR NON-PAYMENT OF SURCHARGE
16(1)
Liability to pay general interest charge.
If an amount of surcharge payable by a taxpayer remains unpaid after the time by which it is due to be paid, the taxpayer is liable to pay the general interest charge on the unpaid amount.
Note:
The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953.
History
S 16(1) amended by No 101 of 2006, s 3 and Sch 2 item 1061, by omitting the reference to a repealed inoperative Division in the note, effective 14 September 2006. For application and saving provisions see the CCH Australian Income Tax Legislation archive.
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are due to be paid on or after 1 July 1999. S 16(1) formerly read:
16(1)
If an amount of surcharge, interest under section 13 or penalty payable under a previous application of this subsection, that is payable by a taxpayer remains unpaid after the time when it became due and payable, the taxpayer is liable to pay to the Commonwealth, for each day on which the amount remains unpaid, a penalty on the unpaid amount at such annual rate or rates as are provided for interest payments by section 214A of the Income Tax Assessment Act.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(2)
General interest charge period.
The taxpayer is liable to pay the general interest charge for each day in the period that:
(a)
started at the beginning of the day by which the surcharge was due to be paid; and
(b)
finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i)
the surcharge;
(ii)
general interest charge on any of the surcharge.
History
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(2) formerly read:
16(2)
Late payment penalty on an amount of surcharge or on an amount of interest under section 13 is due and payable on the day after the day on which the amount of surcharge or interest became due and payable.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(3)
(Repealed by Act No 11 of 1999)
History
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(3) formerly read:
16(3)
Late payment penalty on an amount of penalty payable under subsection (1) is due and payable on the day after the day on which that amount of penalty became due and payable.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(3A)
(Repealed by Act No 11 of 1999)
History
S 16(1) and (2) substituted for s 16(1) to (3A) by No 11 of 1999, s 3 and Sch 1 item 380, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(3A) formerly read:
16(3A)
If judgment is given by, or entered in, a court for the payment of:
(a)
an amount of surcharge, interest or late payment penalty; or
(b)
an amount that includes an amount of surcharge, interest or late payment penalty;
the amount of surcharge, interest or late payment penalty is not taken, for the purposes of subsection (1), to have ceased to be due and payable merely because of the giving or entering of the judgment.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(3B)
Commissioner's right to sue not affected.
This section does not prevent the Commissioner from suing for the recovery of any unpaid surcharge, general interest charge or late payment penalty at any time after it becomes due and payable.
History
S 16(3B) amended by No 11 of 1999, s 3 and Sch 1 item 381, by substituting "general interest charge" for "interest", applicable in relation to amounts that are to be paid on or after 1 July 1999.
S 16(1), (2), (3), (3A) and (3B) substituted for s 16(1), (2) and (3) by No 191 of 1997.
16(4)
(Repealed by Act No 11 of 1999)
History
S 16(4) repealed by No 11 of 1999, s 3 and Sch 1 item 382, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 16(4) formerly read:
16(4)
The Commissioner may remit the whole or part of an amount of late payment penalty.
Note: A refusal to remit late payment penalty is reviewable by the Administrative Appeals Tribunal (see section 20).
SECTION 16A
ADDITIONAL LIABILITY TO PAY GENERAL INTEREST CHARGE
16A(1)
Commissioner may give notice.
If general interest charge (the
primary general interest charge
) is payable by a person under section 13, the Commissioner may give a notice to the person specifying a date after which general interest charge will apply under this section. The specified date must be at least 30 days after the notice is given.
16A(2)
Liability to general interest charge.
If any of the primary general interest charge remains unpaid after the day specified in the notice, the person is liable to pay general interest charge on the unpaid amount.
Note:
The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953.
History
S 16A(2) amended by No 101 of 2006, s 3 and Sch 2 item 1062, by omitting the reference to a repealed inoperative Division in the note, effective 14 September 2006. For application and saving provisions see the CCH Australian Income Tax Legislation archive..
16A(3)
General interest charge period.
The person is liable to pay the general interest charge for each day in the period that:
(a)
started at the beginning of the day specified in the notice; and
(b)
finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i)
primary general interest charge;
(ii)
general interest charge on primary general interest charge.
History
S 16A inserted by No 11 of 1999, s 3 and Sch 1 item 383, applicable in relation to amounts that are to be paid on or after 1 July 1999.
SECTION 17
17
RECOVERY OF UNPAID AMOUNTS
(Repealed by No 179 of 1999)
History
S 17 repealed by No 179 of 1999, s 3 and Sch 2 item 108, effective 22 December 1999. Despite this repeal, s 17 continues to have effect in relation to an amount that became due and payable before 1 July 2000. S 17 formerly read:
RECOVERY OF UNPAID AMOUNTS
17
The following may be recovered by the Commonwealth as debts due to the Commonwealth:
(a)
surcharge that is due and payable;
(b)
general interest charge that is due and payable;
(c)
late payment penalty that is due and payable.
S 17 amended by No 11 of 1999, s 3 and Sch 1 item 384, by substituting ``general interest charge'' for ``interest'' in para (b), applicable in relation to amounts that are to be paid on or after 1 July 1999.
SECTION 18
18
PAYMENT OF SURCHARGE, GENERAL INTEREST CHARGE OR LATE PAYMENT PENALTY
(Repealed by No 179 of 1999)
History
S 18 repealed by No 179 of 1999, s 3 and Sch 2 item 109, effective 22 December 1999. Despite this repeal, s 18 continues to have effect in relation to an amount that became due and payable before 1 July 2000. S 18 formerly read:
PAYMENT OF SURCHARGE, GENERAL INTEREST CHARGE OR LATE PAYMENT PENALTY
18
Surcharge, general interest charge and late payment penalty are payable to the Commissioner.
S 18 amended by No 11 of 1999, s 3 and Sch 1 item 385, by substituting ``general interest charge'' for ``interest'', applicable in relation to amounts that are to be paid on or after 1 July 1999.
SECTION 19
19
APPLICATION OF PAYMENTS
(Repealed by Act No 11 of 1999)
History
S 19 repealed by No 11 of 1999, s 3 and Sch 1 item 386, applicable in relation to:
(a) payments received by the Commissioner either before or after the beginning of 1 July 1999 (and not already applied before the beginning of 1 July 1999); and in relation to
(b) credits arising either before or after the beginning of 1 July 1999 (and not already applied before the beginning of 1 July 1999).
S 19 formerly read:
APPLICATION OF PAYMENTS
19
If:
(a)
2 or more debts are due to the Commonwealth under this Part; and
(b)
an amount is paid to the Commissioner on account of one or more of the debts; and
(c)
the total amount of the debts payable exceeds the amount paid;
the following provisions have effect:
(d)
the Commissioner may apply the amount paid in partial discharge of the total amount of the debts; and
(e)
the Commonwealth may recover the balance.
SECTION 20
20
REVIEW OF DECISION NOT TO REMIT INTEREST OR LATE PAYMENT PENALTY
(Repealed by Act No 11 of 1999)
History
S 20 repealed by No 11 of 1999, s 3 and Sch 1 item 387, applicable in relation to amounts that are to be paid on or after 1 July 1999. S 20 formerly read:
REVIEW OF DECISION NOT TO REMIT INTEREST OR LATE PAYMENT PENALTY
20(1)
If the Commissioner decides not to remit the whole or part of any interest or late payment penalty, the taxpayer may, within 21 days after the day on which the taxpayer receives notice of the decision, or within any further period that the Commissioner allows, request the Commissioner to reconsider the decision.
20(2)
The request is to set out the reasons for making it.
20(3)
On receipt of the request, the Commissioner must reconsider the decision and may confirm or revoke the decision or vary the decision in any way.
20(4)
If the Commissioner does not confirm, revoke or vary the decision within 21 days after the day on which the Commissioner received the request, the Commissioner is taken, at the end of that period, to have confirmed the decision.
20(5)
If the Commissioner confirms, revokes or varies a decision within the period referred to in subsection (4), the Commissioner must tell the taxpayer the result of the reconsideration and the reasons for confirming, varying or revoking the decision, as the case may be.
20(6)
Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Commissioner that have been confirmed or varied.
20(7)
If a decision is taken, because 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 starting on the day on which the decision is taken to be confirmed and ending on the 28th day after that day.
20(8)
If a request is made under subsection (1) for the reconsideration of a 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 the decision.
20(9)
The hearing of a proceeding before the Administrative Appeals Tribunal that relates to a decision referred to in subsection (6) is to take place in private and the 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 paragraph 35(2)(b) or (c) of the Administrative Appeals Tribunal Act 1975.
PART 5 - ADMINISTRATION
SECTION 21
21
GENERAL ADMINISTRATION OF ACT
The Commissioner has 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 21 amended by No 145 of 2010 s 3 and Sch 2 item 120, by inserting the note at the end, effective 17 December 2010.
SECTION 22
22
ANNUAL REPORT
After the end of each financial year, the Commissioner must give the Treasurer a report on the working of this Act during the year for presentation to the Parliament.
SECTION 23
23
SECRECY
(Repealed by No 145 of 2010)
History
S 23 repealed by No 145 of 2010, s 3 and Sch 2 item 121, effective 17 December 2010. S 23 formerly read:
SECTION 23 SECRECY
23(1)
Definitions.
In this section:
court
includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
person to whom this section applies
means a person who is or has been:
(a)
the Commissioner, a Second Commissioner or a Deputy Commissioner; or
(b)
a person engaged under the Public Service Act 1999 in the Agency (within the meaning of that Act) of which the Commissioner is the Agency Head; or
(c)
otherwise appointed or employed by, or a provider of services for, the Commonwealth.
History
Definition of ``person to whom this section applies'' amended by No 146 of 1999, s 3 and Sch 1 item 932, by substituting para (b), effective 5 December 1999. Paragraph (b) formerly read:
(b)
an officer or employee of the branch of the Australian Public Service under the direct control of the Commissioner; or
produce
includes permit access to.
protected document
means a document that:
(a)
contains information about a person; and
(b)
is obtained or made by a person to whom this section applies in the course of, or because of, the person's duties under or in relation to this Act.
protected information
means information that:
(a)
concerns a person; and
(b)
is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person's duties under or in relation to this Act.
23(2)
Information may be recorded or divulged only for purposes of Act.
A person to whom this section applies must not:
(a)
make a record of any protected information; or
(b)
whether directly or indirectly, divulge or communicate to a person any protected information about another person;
unless the record is made, or the information is divulged or communicated:
(c)
under or for the purposes of this Act; or
(d)
in the performance of duties, as a person to whom this section applies, under or in relation to this Act.
Penalty: Imprisonment for 2 years.
Note 1:
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:
Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
History
S 23(2) amended by No 191 of 1997.
23(3)
Information may be divulged to persons performing duties under Acts administered by Commissioner.
Subsection (2) does not prohibit the Commissioner, a Second Commissioner or a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from divulging or communicating any protected information to a person performing, as a person to whom this section applies, duties under or in relation to an Act of which the Commissioner has the general administration, or under regulations made under such an Act, for the purpose of enabling the person to perform the duties.
23(4)
Divulging of information to Minister.
A person divulges or communicates protected information to a person in contravention of subsection (2) if the person divulges or communicates the information to a Minister.
23(5)
Court may not require information or documents.
A person to whom this section applies is not required:
(a)
to divulge or communicate protected information to a court; or
(b)
to produce a protected document in court;
except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act.
23(6)
Information may be divulged to persons performing duties under this Act.
Nothing in this or any other Act of which the Commissioner has the general administration prohibits the Commissioner, a Second Commissioner or a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from divulging or communicating any information to a person performing, as a person to whom this section applies, duties under or in relation to this Act for the purpose of enabling the person to perform the duties.
23(7)
Information may be divulged to court for purposes of this Act.
Nothing in this or any other Act of which the Commissioner has the general administration prohibits the Commissioner, a Second Commissioner, a Deputy Commissioner, or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner, from:
(a)
divulging or communicating to a court any information obtained under or for the purposes of such an Act; or
(b)
producing in court a document obtained or made under or for the purposes of such an Act;
where it is necessary to do so for the purpose of carrying into effect the provisions of this Act.
23(8)
Oath or declaration of secrecy.
A person to whom this section applies must, if and when required by the Commissioner, a Second Commissioner or a Deputy Commissioner to do so, make an oath or declaration, in a manner and form determined by the Commissioner in writing, to maintain secrecy in accordance with this section.
PART 6 - MISCELLANEOUS
SECTION 24
24
AUTHORISED OFFICERS
The Commissioner may, by writing, authorise a person who is engaged under the
Public Service Act 1999 to be an authorised officer for the purposes of a provision or provisions of this Part.
History
S 24 amended by No 146 of 1999, s 3 and Sch 1 item 933, by substituting "engaged under the Public Service Act 1999" for "an officer or employee within the meaning of the Public Service Act 1922", effective 5 December 1999.
S 24 amended by No 191 of 1997.
SECTION 25
EVIDENCE
25(1)
Assessment to be evidence of correctness of calculations.
The mere production of:
(a)
an assessment; or
(b)
a document signed by the Commissioner, a Second Commissioner or a Deputy Commissioner purporting to be a copy of an assessment;
is conclusive evidence of the due making of the assessment and, except in proceedings under Part IVC of the Taxation Administration Act 1953 on a review or appeal relating to the assessment, that the amounts and all of the particulars of the assessment are correct.
25(2)
Copies of documents.
A document signed by the Commissioner, a Second Commissioner or a Deputy Commissioner purporting to be a copy of a document issued or given by the Commissioner, a Second Commissioner or a Deputy Commissioner is prima facie evidence that the second-mentioned document was so issued or given.
25(3)
Copy of, or extract from, assessment.
A document signed by the Commissioner, a Second Commissioner or a Deputy Commissioner purporting to be a copy of, or an extract from, an assessment is evidence of the matter set out in the document to the same extent as the original assessment would be if it were produced.
25(4)
Certificates.
A certificate signed by the Commissioner, a Second Commissioner or a Deputy Commissioner certifying that an amount stated in the certificate was, on the day of the certificate, payable by a person as an amount of surcharge, general interest charge under section 13 or late payment penalty, is prima facie evidence of the matters stated in the certificate.
History
S 25(4) amended by No 11 of 1999, s 3 and Sch 1 item 388, by substituting ``general interest charge under section 13'' for ``interest'', applicable in relation to amounts that are to be paid on or after 1 July 1999.
SECTION 26
ACCESS TO PREMISES ETC.
26(1)
Powers of authorised officer.
For the purposes of this Act, an authorised officer:
(a)
may, at any reasonable time, enter and remain on any land or premises; and
(b)
is entitled to full and free access at any reasonable time to all documents; and
(c)
may inspect, examine, make copies of, or take extracts from, any documents.
26(2)
Proof of authority to be produced.
An authorised officer is not entitled to enter or remain on any land or premises if, on being requested by the occupier of the land or premises for proof of authority, the officer does not produce a written authority signed by the Commissioner stating that the officer is authorised to exercise powers under this section.
26(3)
Occupier to help authorised officer.
The occupier of land or premises entered or proposed to be entered by an authorised officer under subsection (1) must, for the purpose of enabling the effective exercise of the officer's powers under this section, provide the officer with all reasonable facilities and assistance that the occupier is reasonably capable of providing.
Penalty: 30 penalty units.
Note:
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
History
S 26(3) amended by No 91 of 2000, s 3 and Sch 2 item 124, by substituting "Penalty: 30 penalty units." for "Penalty: 10 penalty units.", effective 1 July 2000.
Sch 2 of No 91 of 2000 contains the following transitional provision:
Transitional - existing RBAs
129
Although the A New Tax System (Pay As You Go) Act 1999 repealed subsection 8AAZL(3) of the Taxation Administration Act 1953, special priority credits referred to in that subsection are to continue to be applied in accordance with that subsection.
SECTION 27
OBTAINING INFORMATION AND EVIDENCE
27(1)
Power of Commissioner to obtain information or documents.
The Commissioner may, for the purposes of this Act, by written notice, require a person:
(a)
to give to the Commissioner, within a reasonable period, and in a reasonable manner, stated in the notice, any information that the Commissioner requires; and
(b)
to attend before the Commissioner, or an authorised officer, at a reasonable time and place stated in the notice, and answer questions; and
(c)
to produce to the Commissioner, at a reasonable time and place stated in the notice, any documents in the custody or under the control of the person.
27(2)
Power to require information on oath or affirmation.
The Commissioner may require the information or answers to be verified or given on oath or affirmation, and either orally or in writing, and for that purpose the Commissioner or an authorised officer may administer an oath or affirmation.
27(3)
Nature of oath or affirmation.
The oath to be taken or affirmation to be made by a person is an oath or affirmation that the information or answers the person will give will be true.
27(4)
Expenses of attendance.
The regulations are to prescribe scales of expenses to be allowed to persons required to attend under this section.
SECTION 28
RECORDS TO BE KEPT AND RETAINED BY EMPLOYER
28(1)
Employer to keep records.
An employer must keep records that record and explain all termination payments made by the employer.
28(2)
How records to be kept.
The records must be kept in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language.
28(3)
Period for retention of records.
An employer who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 5 years after they were prepared or obtained, or the making of the payments to which those records relate, whichever is the later.
28(4)
When records need not be kept.
This section does not require an employer to retain records if:
(a)
the Commissioner has notified the employer that the retention of the records is not required; or
(b)
the employer is a company that has gone into liquidation and been finally dissolved.
28(5)
Offences.
An employer who contravenes this section is guilty of an offence punishable on conviction by a fine of not more than 60 penalty units.
Note 1:
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:
The amount of a penalty unit is stated in section 4AA of the Crimes Act 1914. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine that is not greater than 5times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
Note 3:
In a prosecution for an offence against subsection (5), the defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
History
S 28(5) substituted by No 191 of 1997.
SECTION 28A
28A
COMMISSIONER MAY COLLECT MONEY FROM PERSON WHO OWES MONEY TO A SURCHARGE PAYER
(Repealed by No 179 of 1999)
History
S 28A repealed by No 179 of 1999, s 3 and Sch 2 item 110, effective 22 December 1999. Despite this repeal:
(a) anything done under s 28A before 1 July 2000 continues to have effect on or after that day as if s 28A had not been repealed; and
(b) anything done on or after that day, under s 28A as it continues to have effect because of para (a), has effect as if s 28A had not been repealed.
S 28A formerly read:
COMMISSIONER MAY COLLECT MONEY FROM PERSON WHO OWES MONEY TO A SURCHARGE PAYER
28A(1)
This section allows the Commissioner to collect money from a person who owes money to a surcharge payer who has a surcharge debt.
28A(2)
The Commissioner may direct a person (the
third party
) who owes, or may later owe, money (the
available money
) to the surcharge payer to pay some or all of the available money to the Commissioner in accordance with the direction. The Commissioner must send a copy of the direction to the surcharge payer to the last place of address known to the Commissioner.
28A(3)
The direction cannot require an amount to be paid to the Commissioner at a time before it becomes owing by the third party to the surcharge payer.
28A(4)
The third party must comply with the direction, so far as the third party is able to do so.
Penalty: 20 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: The amount of a penalty unit is stated in section 4AA of the Crimes Act 1914. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
28A(5)
If a person is convicted of an offence in relation to a refusal or failure of the third party to comply with subsection (4), the court may (in addition to imposing a penalty on the convicted person) order the convicted person to pay to the Commissioner an amount up to the amount involved in the refusal or failure of the third party.
28A(6)
Any payment made by the third party under this section is taken to have been made with the authority of the surcharge payer and of all other persons concerned, and the third party is indemnified for the payment.
28A(7)
If the whole of the surcharge debt of the surcharge payer is discharged before any payment is made by the third party, the Commissioner must immediately give notice to the third party of that fact.
28A(8)
The third party is taken to owe money to the surcharge payer if:
(a)
money is due or accruing by the third party to the surcharge payer; or
(b)
the third party holds money for or on account of the surcharge payer; or
(c)
the third party holds money on account of some other person for payment to the surcharge payer; or
(d)
the third party has authority from some other person to pay money to the surcharge payer;whether or not the payment of the money to the surcharge payer is dependent on a pre-condition that has not been fulfilled.
28A(9)
For the purposes of this section, money that has been paid by a person to a co-operative housing society for the issue of withdrawable shares in the capital of the society, but has not been repaid, is taken to be:
(a)
if the money is repayable on demand - money due by the co-operative housing society to the person; or
(b)
if the money is not repayable on demand - money that may become due by the co-operative housing society to the person.
History
S 28A(9) amended by No 44 of 1999, s 4 and Sch 7 item 229, by substituting ``co-operative housing society'' for ``building society'' (wherever occurring), effective 1 July 1999.
28A(10)
In this section:
``
building society
''
(Repealed by No 44 of 1999)
History
Definition of ``building society'' repealed by No 44 of 1999, s 4 and Sch 7 item 230, effective 1 July 1999. Definition formerly read:
'building society'
means a society registered or incorporated as a building society, co-operative housing society or other similar society under the law in force in a State or Territory.
co-operative housing society
means a society registered or incorporated as a co-operative housing society or similar society under a law of a State or Territory.
History
Definition of ``co-operative housing society'' inserted by No 44 of 1999, s 4 and Sch 7 item 231, effective 1 July 1999.
person
includes:
(a)
the Commonwealth, a State or a Territory; and
(b)
a public authority of the Commonwealth or of a State or Territory, whether or not the authority is incorporated.
surcharge debt
means any of the following amounts payable by a person (whether or not the amount has become due for payment):
(a)
termination payments surcharge;
(b)
general interest charge under section 13;
(c)
late payment penalty;
(d)
a judgment debt, or costs, for surcharge, general interest charge under section 13 or late payment penalty;
(e)
a fine, or costs, that a court has imposed for an offence against this Act;
(f)
an amount that a court has ordered the person to pay to the Commissioner, following conviction of the person for an offence against this Act.
History
Definition of ``surcharge debt'' amended by No 11 of 1999, s 3 and Sch 1 item 389, by substituting ``general interest charge under section 13'' for ``interest'' (wherever ocurring) in paras (b) and (d), applicable in relation to amounts that are to be paid on or after 1 July 1999.
surcharge payer
means a person who is liable to pay termination payments surcharge.
S 28A inserted by No 191 of 1997.
SECTION 29
29
APPLICATION OF THE
CRIMINAL CODE
Chapter 2 of the
Criminal Code applies to all offences against this Act.
SECTION 30
30
REGULATIONS
The Governor-General may make regulations 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.
PART 7 - INTERPRETATION
SECTION 31
31
DEFINITIONS
In this Act, unless the contrary intention applies:
adjusted taxable income
of a taxpayer has the same meaning as
adjusted taxable income
of a member has in the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
assessment
means an assessment made under subsection 11(1).
History
Definition of "assessment" substituted by No 131 of 1999, s 3 and Sch 3 item 6, applicable to assessments of surcharge payable for the financial year beginning on 1 July 1999 and later financial years. Definition formerly read:
assessment
means an assessment of surcharge.
authorised officer
means a person engaged under the Public Service Act 1999 who has been authorised in writing by the Commissioner for the purposes of the provision in which the expression occurs.
History
Definition of "authorised officer" amended by No 146 of 1999, s 3 and Sch 1 item 934, by substituting "a person engaged under the Public Service Act 1999" for "an officer or employee within the meaning of the Public Service Act 1922", effective 5 December 1999.
Commissioner
means the Commissioner of Taxation.
Deputy Commissioner
means a Deputy Commissioner of Taxation.
general interest charge
means the charge worked out under Part IIA of the Taxation Administration Act 1953.
History
Definition of "general interest charge" amended by No 101 of 2006, s 3 and Sch 2 item 1063, by omitting the reference to a repealed inoperative Division, effective 14 September 2006. For application and saving provisions see the CCH Australian Income Tax Legislation archive.
Definition of "general interest charge" inserted by No 11 of 1999, s 3 and Sch 1 item 390, applicable in relation to amounts that are to be paid on or after 1 July 1999.
Income Tax Assessment Act
means the Income Tax Assessment Act 1936.
"interest"
(Repealed by Act No 11 of 1999)
History
Definitiom of "interest" repealed by No 11 of 1999, s 3 and Sch 1 item 391, applicable in relation to amounts that are to be paid on or after 1 July 1999.
interest
means interest payable under section 13.
late payment penalty
means general interest charge payable under section 16 or 16A.
History
Definition of "late payment penalty" substituted by No 11 of 1999, s 3 and Sch 1 item 392, applicable in relation to amounts that are to be paid on or after 1 July 1999. The definition formerly read:
late payment penalty
means penalty payable under section 16.
post-June 1994 invalidity component
of an eligible termination payment has the meaning given by subsection 27A(1) of the Income Tax Assessment Act.
retained amount
has the meaning given by section 27AC of the Income TaxAssessment Act.
Second Commissioner
means a Second Commissioner of Taxation.
surcharge threshold
has the meaning given by section 10.
taxpayer
means an individual who is a taxpayer for the purposes of the Income Tax Assessment Act but does not include an individual acting as a trustee.
termination payment
has the meaning given by subsection 7(2).
termination payments surcharge
or
surcharge
means the tax imposed by the Termination Payments Tax Imposition Act 1997.
History
Definition of "termination payments surcharge" substituted by No 191 of 1997.
the 1996-97 financial year
means the financial year that started on 1 July 1996.
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