Taxation (Interest on Overpayments and Early Payments) Act 1983

S 1 amended by No 181 of 1994.

Definition of "compulsory AASL repayment amount" inserted by No 61 of 2023, s 3 and Sch 1 item 149, effective 1 January 2024. For transitional provisions, see note under s 3C.

Definition of "compulsory ABSTUDY SSL repayment amount" inserted by No 169 of 2015, s 3 and Sch 1 item 100, effective 1 January 2016.

Definition of "compulsory repayment amount" inserted by No 150 of 2003, s 3 and Sch 2 item 161, effective 1 January 2004.

Definition of "compulsory SSL repayment amount" inserted by No 169 of 2015, s 3 and Sch 1 item 101, effective 1 January 2016.

Definition of "compulsory TSL repayment amount" repealed by No 61 of 2023, s 3 and Sch 1 item 150, effective 1 January 2024. For transitional provisions, see note under s 3C. The definition formerly read:

compulsory TSL repayment amount
has the same meaning as in the Trade Support Loans Act 2014.

Definition of "compulsory TSL repayment amount" inserted by No 82 of 2014, s 3 and Sch 1 item 25, effective 18 July 2014. No 82 of 2014, s 3 and Sch 1 item 35 contains the following transitional provision:

35 Transitional provision - claims for trade support loan made within 1 month of commencement  
(1)
This item applies if a person makes a claim for trade support loan during the period of 1 month beginning on the day this item commences.

(2)
In determining whether the person has been undertaking a qualifying apprenticeship for the whole of a TSL instalment period, regard may be had to days which occurred before the commencement of this item.

Definition of "compulsory VETSL repayment amount" inserted by No 116 of 2018, s 3 and Sch 1 item 61, effective 1 July 2019.

Definition of "decision to which this Act applies" amended by No 38 of 2024, s 3 and Sch 1 item 75, by substituting "the Tribunal or the Administrative Appeals Tribunal" for "the Tribunal" in para (b), effective 14 October 2024.

Definition of "decision to which this Act applies" amended by No 96 of 2014, s 3 and Sch 1 item 109, by omitting "or 160" after "item 120" in para (d), effective 30 September 2014. For transitional provisions see note under s 3C.

Definition of "decision to which this Act applies" amended by No 118 of 2013, s 3 and Sch 1 item 85, by omitting "other than a decision to give effect to a determination under section 292-467 of the Income Tax Assessment Act 1997" after "taxpayer to tax" in para (ca), effective 29 June 2013.

Definition of "decision to which this Act applies" amended by No 88 of 2013, s 3 and Sch 7 item 184, by substituting "the liability of the person to relevant tax or other tax" for "the liability of the person to tax" in para (d), effective 1 July 2012.

Definition of "decision to which this Act applies" amended by No 99 of 2012, s 3 and Sch 1 item 16, by inserting para (cab), applicable to anindividual in relation to amounts withheld by a company, if: (a) the amounts are withheld during an income year of the individual starting on or after 1 July 2011; and (b) the company is required to pay the amounts withheld to the Commissioner on or after 29 June 2012.

Definition of "decision to which this Act applies" amended by No 75 of 2012, s 3 and Sch 4 item 17, by inserting "other than a decision to give effect to a determination under section 292-467 of the Income Tax Assessment Act 1997" in para (ca), applicable in relation to excess concessional contributions for the financial year beginning on 1 July 2011 and later financial years.

Definition of "decision to which this Act applies" amended by No 26 of 2012, s 3 and Sch 1 item 43, by inserting para (caaa), applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.

Definition of "decision to which this Act applies" amended by No 14 of 2012, s 3 and Sch 3 item 86, by inserting "or 160" in para (d), effective 1 July 2012. For application and transitional provisions see note under s 3C(2).

Definition of "decision to which this Act applies" amended by No 101 of 2006, s 3 and Sch 5 items 158 and 159, by repealing para (e), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive. Para (e) formerly read:

(e) in a case where the expression is used in relation to relevant tax of the kind referred to in item 135 of the table in section 3C - a decision of the Commissioner or a court in relation to the application or operation of Part III, section 19 or 29 of the Tobacco Charges Assessment Act 1955;

Definition of "decision to which this Act applies" amended by No 100 of 2006, s 3 and Sch 1 item 9, by inserting para (caa), applicable to claims for assistance in collection of foreign tax debts made after 14 September 2006.

Definition of "decision to which this Act applies" amended by No 58 of 2006, s 3 and Sch 7 items 194 to 198, by inserting "or" at the end of paras (a), (b) and (c), substituting para (ca), inserting "or" at the end of para (cb), substituting "item 120 of the table in section 3C" for "paragraph (ka) or (na) of the definition of relevant tax " in para (d) and substituting "item 135 of the table in section 3C" for "paragraph (n) of the definition of relevant tax" in para (e), effective 1 July 2006. Para (ca) formerly read:

(ca) in a case where the expression is used in relation to relevant tax of a kind referred to in paragraph (a) of the definition of "relevant tax" - a decision of the Commissioner to amend an assessment made in relation to a taxpayer reducing the liability of the taxpayer to tax;

Definition of "decision to which this Act applies" amended by No 181 of 1994, No 60 of 1990, No 145 of 1987, No 48, No 46 and No 41 of 1986, No 47 of 1985 and No 123 of 1984.

Definition of "diverted profits tax" inserted by No 27 of 2017, s 3 and Sch 1 item 50, applicable in relation to DPT tax benefits for a year of income that starts on or after 1 July 2017 (whether or not the DPT tax benefit arises in connection with a scheme that was entered into, or was commenced to be carried out, before 1 July 2017).

Definition of "double tax agreement" amended by No 123 of 2003.

Definition of "double tax agreement" inserted by No 181 of 1994.

Definition of "FS assessment debt" amended by No 106 of 2000, substituted by No 45 of 1998 and inserted by No 181 of 1994.

Definition of "full self-assessment taxpayer" inserted by No 179 of 1999.

Definition of "HEC assessment debt" repealed by No 56 of 2010, s 3 and Sch 6 item 37, effective 3 June 2010. The definition formerly read:

HEC assessment debt
has the meaning given by subsection 34(1) of the Higher Education Funding Act 1988;

Definition of "HEC assessment debt" inserted by No 181 of 1994.

Definition of "income tax" amended by No 12 of 2012, s 3 and Sch 6 item 248, by substituting "Medical levy" for "levy" in para (b), applicable to income years starting on or after 1 July 2008.

Definition of "income tax" amended by No 181 of 1994.

Definition of "income tax crediting amount" amended by No 81 of 2016, s 3 and Sch 10 item 48, by substituting "131-65" for "96-50" in para (a)(ii), effective 1 July 2018.

Definition of "income tax crediting amount" amended by No 118 of 2013, s 3 and Sch 1 items 37 and 86, by substituting para (a) and omitting "(other than a tax offset that arises under paragraph 292-467(2)(b) of the Income Tax Assessment Act 1997)" after "tax offset rules" in para (c), effective 29 June 2013. Para (a) formerly read:

(a) any amount of a credit that does not arise under Division 770 or subsection 292-420(8) of the Income Tax Assessment Act 1997 or under the International Tax Agreements Act 1953; or

Definition of "income tax crediting amount" amended by No 99 of 2012, s 3 and Sch 1 items 17 and 18, by substituting "Note 1" for "Note" in the note at the end, and inserting note 2, applicable to an individual in relation to amounts withheld by a company, if: (a) the amounts are withheld during an income year of the individual starting on or after 1 July 2011; and (b) the company is required to pay the amounts withheld to the Commissioner on or after 29 June 2012.

Definition of "income tax crediting amount" amended by No 75 of 2012, s 3 and Sch 4 items 18 and 19, by inserting "or subsection 292-420(8)" in para (a) and "(other than a tax offset that arises under paragraph 292-467(2)(b) of the Income Tax Assessment Act 1997)" in para (c), applicable in relation to excess concessional contributions for the financial year beginning on 1 July 2011 and later financial years.

Definition of "income tax crediting amount" amended by No 42 of 2009, s 3 and Sch 4 item 13, by substituting "Division 67" for "Section 67-25" in the note, effective 23 June 2009.

Definition of "income tax crediting amount" amended by No 14 of 2009, s 3 and Sch 4 item 45, by inserting para (a), applicable to income years, statutory accounting periods and notional accounting periods starting on or after 1 July 2008.

Definition of "income tax crediting amount" amended by No 143 of 2007, s 3 and Sch 1 item 213, by repealing para (a), applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007. Para (a) formerly read:

(a) any of the following that is applied against the income tax under Division 3 of Part IIB of the Taxation Administration Act 1953:

(i) any amount of a credit under Division 18, 18A or 18B of Part III of the Tax Act or under the International Tax Agreements Act 1953, to the extent to which it is not applied to provide correlative relief in respect of the taxing of an amount under a law of a foreign country;

(ii) any amount of a credit under Division 18, 18A or 18B of Part III of the Tax Act or under the International Tax Agreements Act 1953, to the extent to which it is applied to provide correlative relief in respect of the taxing of an amount under a law of a foreign country, provided that the following requirements are met:

(A) the law of the foreign country requires the payment of late payment interest in respect of the amount taxed;

(B) the late payment interest was paid by the time the applying of the amount took place;

(iii) any amount of a credit that does not arise under Division 18, 18A or 18B of Part III of the Tax Act or under the International Tax Agreements Act 1953; or

Definition of "income tax crediting amount" amended by No 101 of 2006, s 3 and Sch 2 item 971, by amending the reference to a repealed inoperative provision in para (b), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

Definition of "income tax crediting amount" amended by No 123 of 2003, No 170 of 2001 and No 178 of 1999; substituted by No 11 of 1999; amended by No 85 of 1998; No 170 of 1995; and inserted by No 181 of 1994.

Definition of "late payment interest" inserted by No 181 of 1994.

Definition of "objection" substituted by No 101 of 2006, s 3 and Sch 5 item 160, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive. The definition formerly read:

objection
means:

(a) a taxation objection within the meaning of Part IVC of the Taxation Administration Act 1953; or

(b) an objection under subsection 22(1) of the Debits Tax Administration Act 1982; or

(c) an objection under subsection 74(1) or (1A) of the Australian Capital Territory Taxation (Administration) Act 1969;

Definition of "objection" substituted by No 216 of 1991. Former definition of "objection" amended by No 60 of 1990, No 2 of 1989, No 145, No 62 and No 58 of 1987, No 154, No 48 and No 41 of 1986, No 49, No 47 and No 4 of 1985, and No 123 of 1984.

Definition of "person" amended by No 58 of 2006, s 3 and Sch 7 item 199, by inserting "and" at the end of paras (a) and (b), effective 1 July 2006.

Definition of "provide correlative relief" inserted by No 181 of 1994.

Definition of "relevant tax" substituted by No 58 of 2006, s 3 and Sch 7 item 200, effective 1 July 2006. The definition formerly read:

relevant tax
means:

(a) any of the following:

(i) tax as defined in subsection 6(1) of the Tax Act;

(ii) additional tax under Part VII of that Act;

(iii) general interest charge under section 170AA of that Act;

(iiia) shortfall interest charge under Division 280 in Schedule 1 to the Taxation Administration Act 1953;

(iv) interest under section 102AAM of the Tax Act;

(v) provisional and additional tax under section 221YDB of that Act;

(vi) instalments under section 221AZK of that Act;

(vii) amounts that are treated under subsection 106U(1) of the Higher Education Funding Act 1988 as if they were income tax;

(viia) amounts that are treated under Subdivision 154-D of the Higher Education Support Act 2003 as if they were income tax;

(viii) amounts that are treated under subsection 12ZN(1) of the Student and Youth Assistance Act 1973 as if they were income tax;

(b) withholding tax as defined in subsection 6(1) of the Tax Act;

(baa) an amount payable to the Commissioner under subsection 220AS(1) of the Tax Act;

(ba) an amount payable to the Commissioner under subsection 221EAA(1) of the Tax Act;

(bb) an amount payable to the Commissioner under subsection 221YHH(1) of the Tax Act;

(bc) an amount payable to the Commissioner under subsection 221YHZC(3) or 221YHZD(2) of the Tax Act;

(bd) an amount payable to the Commissioner under section 16-80 in Schedule 1 to the Taxation Administration Act 1953;

(c) an amount payable to the Commissioner under subsection 221YN(1) of the Tax Act;

(caa) trust recoupment tax, applied penalty tax or penalty tax, as defined in subsection 3(1) of the Trust Recoupment Tax Assessment Act 1985;

(ca) an amount payable to the Commissioner under Subdivision 16-A (other than section 16-50) in Schedule 1 to the Taxation Administration Act 1953; and

(d) (Repealed by No 118 of 1999)

(e) (Repealed by No 118 of 1999)

(f) duty or tax within the meaning of subsection 81(1) of the Australian Capital Territory Taxation (Administration) Act 1969;

(g) tax within the meaning of subsection 36(1) of the Debits Tax Administration Act 1982;

(h) (Repealed by No 118 of 1999)

(ha) tax, or additional tax, referred to in subsection 93(1) of the Fringe Benefits Tax Assessment Act 1986;

(j) (Repealed by No 118 of 1999)

(k) tax within the meaning of subsection 27(1) of the Pay-roll Tax (Territories) Assessment Act 1971;

(ka) tax within the meaning of subsection 85(1) of the Petroleum Resource Rent Tax Assessment Act 1987;

(m) tax within the meaning of subsection 29(1) of the Sales Tax Assessment Act (No. 1) 1930 (including that subsection as applied by any other Act providing for the assessment of sales tax);

(ma) tax within the meaning of section 68 of the Sales Tax Assessment Act 1992;

(n) charge within the meaning of subsection 18(1) of the Tobacco Charges Assessment Act 1955; or

(na) charge within the meaning of the Training Guarantee (Administration) Act 1990; or

(o) GST assessed under the A New Tax System (Goods and Services Tax) Act 1999.

(p) tax within the meaning of subsection 38(1) of the Wool Tax (Administration) Act 1964;

(q) indirect tax within the meaning of subsection 995-1(1) of the Income Tax Assessment Act 1997;

(r) a penalty or charge payable under Subdivision 105-D in Schedule 1 to the Taxation Administration Act 1953.

Definition of "relevant tax" amended by No 73 of 2006, s 3 and Sch 5 items 166 and 167, by substituting "subsection 995-1(1) of the Income Tax Assessment Act 1997" for "subsection 20(1) of the Taxation Administration Act 1953" in para (q) and substituting "Subdivision 105-D in Schedule 1 to" for "Division 4 of Part VI of" in para (r), effective 1 July 2006, despite the substitution of this subsection by No 58 of 2006, s 3 and Sch 7 item 200, also effective 1 July 2006 (see above).

Definition of "relevant tax" amended by No 75 of 2005; No 150 of 2003; No 156 and No 92 of 2000; No 179, No 178, No 176, No 118 and No 11 of 1999; No 47 of 1998; No 170 and No 169 of 1995; No 181 and No 138 of 1994; No 118 and No 116 of 1993; No 138 and No 118 of 1992; No 60 of 1990; No 2 of 1989; No 145 and No 62 of 1987; No 154 and No 41 of 1986; No 49, No 47 and No 4 of 1985; and No 123 of 1984.

Definition of "Tax Act" amended by No 39 of 1997 and inserted by No 181 of 1994.

Definition of "Tribunal" amended by No 38 of 2024, s 3 and Sch 1 item 75, by substituting "Administrative Review Tribunal" for "Administrative Appeals Tribunal", effective 14 October 2024.

Definition of "Tribunal" inserted by No 48 of 1986.

Definition of "year of income" amended by No 181 of 1994.

S 3(3) inserted by No 99 of 2012, s 3 and Sch 1 item 19, applicable to an individual in relation to amounts withheld by a company, if: (a) the amounts are withheld during an income year of the individual starting on or after 1 July 2011; and (b) the company is required to pay the amounts withheld to the Commissioner on or after 29 June 2012.

Former s 3(3) repealed by No 152 of 1997.

Former s 3(3) inserted by No 123 of 1984.

S 3(4) repealed by No 101 of 2006, s 3 and Sch 5 item 161, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive. S 3(4) formerly read:

3(4)
For the purposes of this Act, an application to the Tribunal under section 44B of the Training Guarantee (Administration) Act 1990 is taken to be an objection.

S 3(4) substituted by No 216 of 1991. Former s 3(4) inserted by No 60 of 1990.

S 3A(1) amended by No 143 of 2007, s 3 and Sch 1 items 214 and 215, by omitting ", or the applying of an income tax crediting amount takes place," after "Act applies is made" and inserting "for juridical double taxation" after " provide correlative relief ", applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.

S 3A(1) amended by No 39 of 1996.

S 3A(1A) substituted by No 64 of 2016, s 3 and Sch 1 item 10, effective 20 October 2016. S 3A(1A) formerly read:

3A(1A)
For the purposes of this Act, a decision to which this Act applies is made to provide correlative relief for economic double taxation if:

(a) Australia has an agreement with one of the following (a treaty partner ):

(i) a foreign country or a constituent part of a foreign country;

(ii) an overseas territory; and

(b) the treaty partner taxes profits, or purports to tax profits, in accordance with, or consistent with the principles of:

(i) if the treaty partner is the United Kingdom - Article 9 of the 2003 United Kingdom convention; or

(ii) otherwise - a corresponding provision of another agreement; and

Note:

Article 9 of the 2003 United Kingdom Convention deals with associated enterprises.

(c) the decision is made in giving effect to subsection 24(3) of the International Tax Agreements Act 1953.

S 3A(1A) inserted by No 143 of 2007, s 3 and Sch 1 item 216, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.

S 3A(2) amended by No 97 of 2008, s 3 and Sch 3 item 186, by omitting ", or the applying of an income tax crediting amount also takes place," effective 3 October 2008.

S 3A(2) amended by No 143 of 2007, s 3 and Sch 1 item 218, by omitting ", or the applying of the income tax crediting amount takes place," in para (c), applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.

[ CCH Note: A redundant amendment to s 3A(2) by No 143 of 2007 was repealed by No 8 of 2010.]

S 3A amended by No 39 of 1996 and inserted by No 181 of 1994.

S 3B inserted by No 146 of 2001.

S 3C amended by No 61 of 2023, s 3 and Sch 1 item 151, by substituting "Australian Apprenticeship Support Loans Act 2014" for "Trade Support Loans Act 2014" in table item 48, effective 1 January 2024. No 61 of 2023, s 3 and Sch 1 items 156-165 contain the following transitional provisions:

Part 3 - Transitional provisions

156 Transitional - alternative name for trade support loan  
156
If, immediately before the commencement of this item, a loan was known as trade support loan, then, after the commencement of this item:
(a) the loan may also be known as Australian apprenticeship support loan; and
(b) a reference to the loan in an instrument or other document is to be construed as including a reference to the loan under the name Australian apprenticeship support loan. 157 Transitional - alternative name for an accumulated TSL debt  
157
If, immediately before the commencement of this item, an amount was known as an accumulated TSL debt, then, after the commencement of this item:
(a) the amount may also be known as an accumulated AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name accumulated AASL debt. 158 Transitional - alternative name for a compulsory TSL repayment amount  
158
If, immediately before the commencement of this item, an amount was known as a compulsory TSL repayment amount, then, after the commencement of this item:
(a) the amount may also be known as a compulsory AASL repayment amount; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name compulsory AASL repayment amount. 159 Transitional - alternative name for a former accumulated TSL debt  
159
If, immediately before the commencement of this item, an amount was known as a former accumulated TSL debt, then, after the commencement of this item:
(a) the amount may also be known as a former accumulated AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name former accumulated AASL debt. 160 Transitional - alternative name for an instalment of trade support loan  
160
If, immediately before the commencement of this item, an instalment was known as an instalment of trade support loan, then, after the commencement of this item:
(a) the instalment may also be known as an instalment of Australian apprenticeship support loan; and
(b) a reference to the instalment in an instrument or other document is to be construed as including a reference to the instalment under the name instalment of Australian apprenticeship support loan. 161 Transitional - alternative name for a repayable TSL debt  
161
If, immediately before the commencement of this item, an amount was known as a repayable TSL debt, then, after the commencement of this item:
(a) the amount may also be known as a repayable AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name repayable AASL debt. 162 Transitional - alternative name for a TSL debt  
162
If, immediately before the commencement of this item, an amount was known as a TSL debt, then, after the commencement of this item:
(a) the amount may also be known as an AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name AASL debt. 163 Transitional - alternative name for a voluntary TSL repayment  
163
If, immediately before the commencement of this item, an amount was known as a voluntary TSL repayment, then, after the commencement of this item:
(a) the amount may also be known as a voluntary AASL repayment; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name voluntary AASL repayment. 164 Transitional - pre-commencement apprenticeships  
(1)
This item applies to a person if:
(a) immediately before the commencement of this item, the person was undertaking an apprenticeship through which the person was undertaking a qualification:

(i) at a level prescribed by the Trade Support Loan Rules 2014; and

(ii) leading to an occupation or a qualification specified on the TSL Priority List; and

(iii) which met any other requirements prescribed by the Trade Support Loan Rules 2014; and

(b) immediately after the commencement of the first Australian Apprenticeships Priority List determined under subsection 105(1) of the Australian Apprenticeship Support Loans Act 2014, the occupation or qualification is not specified on that list; and
(c) immediately before the commencement of this item, a determination was in effect granting the person's application for trade support loan in relation to the apprenticeship.

(2)
The Australian Apprenticeship Support Loans Act 2014 has effect, in relation to the person, as if the occupation or qualification referred to in subparagraph (1)(a)(ii) of this item were specified on the Australian Apprenticeships Priority List determined under subsection 105(1) of that Act.
165 Transitional - instruments or documents issued or given by, or on behalf of, the Commissioner of Taxation  
165
If:
(a) during the period:

(i) beginning at the commencement of this item; and

(ii) ending on 1 January 2025;

an instrument or other document is issued or given by, or on behalf of, the Commissioner of Taxation; and
(b) apart from this item, the instrument or document would be invalid because it includes a reference to one or more things mentioned in column 1 of the following table; and
(c) the instrument or document would be valid if each reference in the instrument or document to a thing mentioned in column 1 of a particular item of the table were instead a reference to the thing mentioned in column 2 of that item;

the instrument or document has effect as if each reference in the instrument or document to a thing mentioned in column 1 of that item were instead a reference to the thing mentioned in column 2 of that item.

References in the instrument or document
Item	Column 1	Column 2
1	trade support loan	Australian apprenticeship support loan
2	accumulated TSL debt	accumulated AASL debt
3	compulsory TSL repayment amount	compulsory AASL repayment amount
4	former accumulated TSL debt	former accumulated AASL debt
5	instalment of trade support loan	instalment of Australian apprenticeship support loan
6	repayable TSL debt	repayable AASL debt
7	TSL debt	AASL debt
8	voluntary TSL repayment	voluntary AASL repayment

…

S 3C amended by No 116 of 2018, s 3 and Sch 1 item 62, by inserting table item 45A, effective 1 July 2019.

S 3C amended by No 27 of 2017, s 3 and Sch 1 item 51, by inserting table item 30, applicable in relation to DPT tax benefits for a year of income that starts on or after 1 July 2017 (whether or not the DPT tax benefit arises in connection with a scheme that was entered into, or was commenced to be carried out, before 1 July 2017).

S 3C amended by No 169 of 2015, s 3 and Sch 1 item 102, by inserting table items 46 and 47, effective 1 January 2016.

S 3C renumbered and amended by No 96 of 2014, s 3 and Sch 1 items 110 and 111, by substituting "In" for "(1) In" and repealing table item 160, effective 30 September 2014. No 96 of 2014, s 3 and Sch 1 items 122-124 contain the following transitional provisions:

Part 3 - Transitional provisions

122 Objects  
122
The objects of this Part are:

(a) to provide for the winding-up of the minerals resource rent tax; and

(b) to ensure the administration, collection and recovery of the minerals resource rent tax for the MRRT years ending on or before the day this Schedule commences; and

(c) to continue taxpayers' rights and obligations relating to MRRT years ending before that commencement. 123 Effect of repeals and amendments on preceding MRRT years  
123(1)
Despite the repeals and amendments made by this Schedule, the Acts amended or repealed continue to apply, after the commencement of this Schedule, in relation to any MRRT year ending on or before the day this Schedule commences as if those repeals and amendments had not happened.

123(2)
For the purposes of that continued application, any MRRT year that:

(a) started before the commencement of this Schedule; and

(b) would, apart from this subitem, end on or after that commencement;

is taken to end on the day this Schedule commences.

123(2)
To avoid doubt, for the purposes of that continued application, section 190-20 of the Minerals Resource Rent Tax Act 2012 applies in relation to an MRRT year referred to in subitem (2) whether or not the MRRT year is an accounting period referred to in section 190-10 of that Act.

Note 1:

Section 190-20 of the Minerals Resource Rent Tax Act 2012 (to the extent that it continues to apply because of this item) will adjust threshold amounts under that Act in relation to the final MRRT year.

Note 2:

Subsection 115-110(2) in Schedule 1 to the Taxation Administration Act 1953 (to the extent that it continues to apply because of this item) will adjust instalment quarters under that Act in relation to the final MRRT year.

124 Continuation of Commissioner's power to make certain legislative instruments  
124(1)
Despite the repeal by this Act of section 117-5 in Schedule 1 to the Taxation Administration Act 1953, the Commissioner's power under subsection 117-5(5) in that Schedule to make legislative instruments continues after that repeal.

124(2)
This item does not affect any other powers of the Commissioner under Schedule 1 to the Taxation Administration Act 1953, as it continues to apply because of item 123 of this Schedule.

Table item 160 formerly read:

160	assessed MRRT within the meaning of the Minerals Resource Rent Tax Act 2012

S 3C(1) amended by No 82 of 2014, s 3 and Sch 1 item 26, by inserting table item 48, effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount".

S 3C(1) amended by No 88 of 2013, s 3 and Sch 7 item 226, by substituting "former section 170AA of the Income Tax Assessment Act 1936" for "section 170AA of the Tax Act" in the definition of "relevant tax", table item 15, effective 28 June 2013.

S 3C(1) amended by No 99 of 2012, s 3 and Sch 1 item 20, by inserting table item 91, applicable to an individual in relation to amounts withheld by a company, if: (a) the amounts are withheld during an income year of the individual starting on or after 1 July 2011; and (b) the company is required to pay the amounts withheld to the Commissioner on or after 29 June 2012.

S 3C(1) renumbered and amended by No 14 of 2012, s 3 and Sch 3 items 87 and 88, by inserting "(1)" before "In" and inserting table item 160, effective 1 July 2012. For application and transitional provisions see note under s 3C(2).

S 3C amended by No 26 of 2012, s 3 and Sch 1 item 44, by inserting table item 60, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.

S 3C amended by No 41 of 2011, s 3 and Sch 5 item 423, by substituting "section 12ZN of the Student Assistance Act 1973" for "subsection 12ZN(1) of the Student and Youth Assistance Act 1973" in table item 50, effective 27 June 2011.

S 3C amended by No 56 of 2010, s 3 and Sch 6 item 38, by repealing table item 40, effective 3 June 2010. Table item 40 formerly read:

40 ... Amounts that are treated under subsection 106U(1) of the Higher Education Funding Act 1988 as if they were income tax

S 3C amended by No 100 of 2006, s 3 and Sch 1 item 10, by inserting table item 92, applicable to claims for assistance in collection of foreign tax debts made after 14 September 2006.

S 3C inserted by No 58 of 2006, s 3 and Sch 7 item 201, effective 1 July 2006.

S 3C(2) repealed by No 96 of 2014, s 3 and Sch 1 item 112, effective 30 September 2014. For transitional provisions see note under s 3C. S 3C(2) formerly read:

3C(2)
Without limiting subsection (1), a reference in item 160 of the table to assessed MRRT includes any general interest charge due and payable in relation to such an amount.

S 3C(2) substituted by No 88 of 2013, s 3 and Sch 7 item 185, effective 1 July 2012. S 3C(2) formerly read:

3C(2)
Without limiting subsection (1), a reference in item 160 of the table to assessed MRRT includes:

(a) any general interest charge due and payable in relation to such an amount; and

(b) a quarterly MRRT instalment that is due under section 115-25 in Schedule 1 to the Taxation Administration Act 1953; and

(c) any general interest charge due and payable in relation to such an instalment.

S 3C(2) inserted by No 14 of 2012, s 3 and Sch 3 item 89, effective 1 July 2012. No 14 of 2012 (as amended by No 88 of 2013), s 3 and Sch 4 was repealed by No 96 of 2014, s 3 and Sch 1 item 46, effective 30 September 2014, contains the following application and transitional provisions:

Schedule 4 - Application and transitional provisions

Part 1 - Preliminary

1 Application of Act  
1
The MRRT law extends to matters and things whether occurring before or after 1 July 2012 (except where a contrary intention appears). 1A Administration of this Schedule  
1A
The Commissioner has the general administration of this Schedule.

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S 1A inserted by No 88 of 2013, s 3 and Sch 7 item 72, effective 1 July 2012.

Part 2 - General liability rules

2 Modified time of supply for prepayments before 1 July 2012  
2
Paragraph 30-35(a) of the Minerals Resource Rent Tax Act 2012 is disregarded in working out the time a miner makes a supply of a taxable resource or thing produced using a taxable resource if consideration for the supply is received or becomes receivable at a time before 1 July 2012. 3 Recoupment or offsetting of mining expenditure  
3
An amount is included under section 30-40 of the Minerals Resource Rent Tax Act 2012 in a miner's mining revenue for a mining project interest for the MRRT year starting on 1 July 2012 to the extent that:

(a) the amount is received, or becomes receivable, before the start of that MRRT year; and

(b) had the amount been received, or become receivable, in that MRRT year, it would have given rise under that section to an amount of mining revenue for the mining project interest for the miner. 4 Compensation for loss of taxable resources  
4
Section 30-50 of the Minerals Resource Rent Tax Act 2012 does not apply in relation to amounts relating to loss of, destruction of or damage that happens to a taxable resource before 1 July 2012. 5 Hire purchase agreements entered into before 1 July 2012  
5
Without limiting section 35-55 of the Minerals Resource Rent Tax Act 2012, that section also applies in relation to hire purchase agreements entered into before 1 July 2012.

Note:

The property may be a starting base asset if the requirements in Subdivision 80-C of the Minerals Resource Rent Tax Act 2012 are met.

Part 3 - MRRT allowances

6 Royalty amounts paid on taxable resources extracted before 1 July 2012  
6
To avoid doubt, a liability a miner incurs on or after 1 July 2012 gives rise to a royalty credit under section 60-20 of the Minerals Resource Rent Tax Act 2012 if the requirements in that section are met, whether the relevant taxable resource was extracted on, before, or after that day.

Part 4 - Specialist liability rules

7 Combining mining project interests before commencement  
Combining mining project interests

7(1)
Two or more mining project interests are taken by Division 115 of the Minerals Resource Rent Tax Act 2012 to be the same mining project interest from a particular time before 1 July 2012 if those interests would be taken to be the same mining project interest under that Division from that time if the time was after 1 July 2012.

Downstream integration of mining project interests

7(2)
If:

(a) disregarding paragraph 255-10(d) of the Minerals Resource Rent Tax Act 2012 (choosing to treat mining project interests as integrated), a mining project interest would have been integrated with another mining project interest at a time during the period:

(i) starting on 2 May 2010; and

(ii) ending just before the start of 1 July 2012; and

(b) the miner makes a valid choice under section 255-20 of that Act on or before the day on which the obligation to give an MRRT return for the first MRRT year falls due;

the requirement in paragraph 255-10(d) of that Act is taken to be satisfied at all times during the period starting at the time mentioned in paragraph (a) of this subitem and ending when the miner makes that choice.

8 Transferring and splitting mining project interests  
8
To avoid doubt, Divisions 120 and 125 of the Minerals Resource Rent Tax Act 2012 apply in relation to mining project interests before 1 July 2012 in the same way as those Divisions apply in relation to mining project interests after that day. 9 Transferring and splitting pre-mining project interests  
9
To avoid doubt, Divisions 145 and 150 of the Minerals Resource Rent Tax Act 2012 apply in relation to pre-mining project interests before 1 July 2012 in the same way as those Divisions apply in relation to pre-mining project interests after that day. 10 Substituted accounting periods  
10
Despite section 10-25 of the Minerals Resource Rent Tax Act 2012, if:

(a) an entity has, under section 18 of the Income Tax Assessment Act 1936, accounting periods that are not financial years; and

(b) one of those accounting periods starts before 1 July 2012 and ends after that day;

the period starting on 1 July 2012 and ending at the end of that accounting period is an MRRT year .

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S 10 amended by No 88 of 2013, s 3 and Sch 7 item 73, by substituting "an entity" for "a miner" in para (a), effective 1 July 2012.

11 Schemes entered into before 2 May 2010  
11
Without limiting Division 210 of the Minerals Resource Rent Tax Act 2012 (or that Division as it applies because of item 12 of this Schedule), that Division also applies in relation to a scheme if:

(a) the scheme was entered into before 2 May 2010; and

(b) it is reasonable to conclude that an entity (whether alone or with others) would have entered into or carried out the scheme, or part of the scheme, with the purpose mentioned in paragraph 210-10(1)(c) of that Act had the MRRT law been in force when the scheme was entered into. 12 Schemes to increase the base value of starting base assets  
12(1)
Without limiting Division 210 of the Minerals ResourceRent Tax Act 2012, that Division also applies as if an entity gets or got an MRRT benefit from a scheme if:

(a) the entity holds a starting base asset; and

(b) the base value of that asset for the first MRRT year is, or could reasonably be expected to be, larger than it would be apart from the scheme.

12(2)
For the purposes of subitem (1), the Commissioner may make, under section 210-25 of the Minerals Resource Rent Tax Act 2012, a determination stating the base value of the starting base asset for the first MRRT year.

12(3)
This item applies to property or rights that are expected to be starting base assets as mentioned in subsection 117-20(2) in Schedule 1 to the Taxation Administration Act 1953 as if the property or rights were a starting base asset.
13 Choice to consolidate for MRRT purposes before commencement  
13
Despite paragraph 215-10(4)(a) of the Minerals Resource Rent Tax Act 2012, a choice that the head company of a consolidated group or MEC group or the provisional head company of a MEC group makes under section 215-10 of that Act has effect on and after a day (the day of effect) if:

(a) the choice is made on 1 July 2012 or within such further time as the Commissioner allows; and

(b) the day of effect is between 2 May 2010 and the day the choice is made; and

(c) the consolidated group or MEC group existed on the day of effect; and

(d) the company notifies the Commissioner, under subsection 215-10(3) of that Act, that the choice is to apply from the day of effect.

Part 5 - Administration

14 Reporting requirements for transfers and splits of interests before 1 July 2012  
14(1)
Without limiting Division 121 in Schedule 1 to the Taxation Administration Act 1953, that Division also applies in relation to a mining project transfer, mining project split, pre-mining project transfer or pre-mining project split that happened between 1 May 2010 and 30 June 2012.

14(2)
However, despite paragraphs 121-10(4)(b) and (c) in that Schedule, an entity's obligation to give a notice that arises because of subitem (1) is taken to have been complied with if it is given by the later of the following:

(a) 21 July 2012;

(b) 21 days after receiving a notice that another entity is obliged to give the entity because of subitem (1).
15 Starting base assessments  
15(1)
Without limiting Division 155 in Schedule 1 to the Taxation Administration Act 1953, that Division also applies in relation to a starting base asset as if:

(a) the base value of the starting base asset for the first MRRT year were an assessable amount within the meaning of that Division that was mentioned in column 1 of the table in subsection 155-15(1) of that Division; and

(b) a starting base return for that year in relation to the starting base asset were a document mentioned in column 3 of that table in relation to that assessable amount; and

(c) the Commissioner were the recipient mentioned in column 2 of that table in relation to that starting base return.

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S 15(1) amended by No 88 of 2013, s 3 and Sch 7 item 74, by inserting para (c), effective 1 July 2012.

15(2)
This item applies to property or rights that are expected to be starting base assets as mentioned in subsection 117-20(2) in Schedule 1 to the Taxation Administration Act 1953 as if the property or rights were a starting base asset.

15(3)
Without limiting subitem (1), from the first time an assessment (a general assessment ) is made of the MRRT payable by an entity for an MRRT year (or that no MRRT is payable by the entity for the year):

(a) an assessment (a starting base assessment ) that the Commissioner is treated as having made because of subsection 155-15(1) in Schedule 1 to the Taxation Administration Act 1953 in relation to that base value is taken, for the purposes of this Act, to form part of the general assessment; and

(b) any objection against the general assessment under section 155-90 in Schedule 1 to that Act must not relate to matters to which the starting base assessment relates; and

(c) any amendment of the general assessment under Subdivision 155-B in that Schedule must not relate to matters to which the starting base assessment relates, except to the extent necessary to give effect to the starting base assessment (including the starting base assessment as amended).

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S 15(3) inserted by No 88 of 2013, s 3 and Sch 7 item 75, effective 1 July 2012.

15(4)
Without limiting sections 155-45 to 155-60 in Schedule 1 to that Act, the Commissioner may amend a general assessment at any time to the extent necessary to give effect to the starting base assessment (including the starting base assessment as amended).

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S 15(4) inserted by No 88 of 2013, s 3 and Sch 7 item 75, effective 1 July 2012.

S 4 amended by No 145 of 2010, s 3 and Sch 2 item 118, by inserting the note at the end, effective 17 December 2010.

S 7(2) amended by No 43 of 1996.

S 7(3) inserted by No 123 of 1984.

S 8 repealed by No 145 of 2010, s 3 and Sch 2 item 119, effective 17 December 2010. S 8 formerly read:

SECTION 8 SECRECY  
8(1)
In this section, "officer" means a person:

(a) who is or has been appointed or employed by the Commonwealth; or

(b) to whom powers or functions have been delegated by the Commissioner;

and who, by reason of the appointment or employment or in the course of the employment, or by reason of, or in the course of the exercise of powers or the performance of functions under, the delegation, as the case may be, may acquire or has acquired information with respect to the affairs of any other person disclosed or obtained under or for the purposes of this Act.

8(1A)
For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.

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S 8(1A) inserted by No 123 of 1985.

8(2)
Subject to subsection (4), an officer who, either directly or indirectly, either while he or she is, or after he or she ceases to be, an officer:

(a) makes a record of any information with respect to the affairs of a second person; or

(b) divulges or communicates to a second person any information with respect to the affairs of a third person,

being information disclosed or obtained under or for the purposes of this Act and acquired by him or her by reason of his or her appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to him or her of powers or functions by the Commissioner, or in the course of the exercise of such powers or the performance of such functions, as the case may be, is guilty of an offence punishable on summary conviction by a fine not exceeding $10,000or imprisonment for a period not exceeding 2 years.

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S 8(2) amended by No 146 of 2001, No 43 of 1996 and No 97 of 1988.

8(2A)
Subsection (2) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purposes of this Act or in the performance of the person's duties as an officer.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (2A), see subsection 13.3(3) of the Criminal Code.

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S 8(2A) inserted by No 146 of 2001.

8(3)
Except when it is necessary to do so for the purpose of carrying into effect the provisions of this Act, an officer shall not be required to produce in court any document made or given under or for the purposes of this Act, or to divulge or communicate to a court a matter or thing with respect to information disclosed or obtained under or for the purposes of this Act and acquired by him or her by reason of his or her appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to him or her of powers or functions by the Commissioner, or in the course of the exercise of such powers or the performance of such functions, as the case may be.

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S 8(3) amended by No 43 of 1996.

8(4)
Nothing in subsection (2) shall be taken to prohibit the Commissioner, a Second Commissioner, a Deputy Commissioner or a person authorized by the Commissioner, a Second Commissioner or a Deputy Commissioner from communicating any information to a person performing, as an officer, duties in relation to any Act administered by the Commissioner, for the purpose of enabling the person to perform those duties.

8(5)
For the purposes of subsection (2), an officer shall be deemed to have communicated information to another person in contravention of that subsection if he or she communicates that information to any Minister.

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S 8(5) amended by No 43 of 1996.

8(6)
An officer shall, 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 andform specified by the Commissioner, to maintain secrecy in conformity with the provisions of this section.

Pt IIA inserted by No 181 of 1994.

Archived:

S 8A(1)(a)(iv), (vi) to (x) repealed as inoperative by No 101 of 2006, s 3 and Sch 1 items 305 and 306, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive.

S 8A(1) amended by No 61 of 2023, s 3 and Sch 1 item 152, by substituting "AASL" for "TSL" in para (a)(iid), effective 1 January 2024. For transitional provisions, see note under s 3C.

S 8A(1) amended by No 116 of 2018, s 3 and Sch 1 item 63, by inserting para (a)(iiaa), effective 1 July 2019.

S 8A(1) amended by No 8 of 2019, s 3 and Sch 8 items 64 and 65, by substituting "former section 163A" for "section 163A" in para (a)(va) and "former section 163B" for "section 163B" in para (a)(vb), effective 1 April 2019.

S 8A(1) amended by No 169 of 2015, s 3 and Sch 1 item 103, by inserting para (a)(iib) and (a)(iic), effective 1 January 2016.

S 8A(1) amended by No 82 of 2014, s 3 and Sch 1 item 28, by inserting para (a)(iid), effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount".

S 8A(1) amended by No 88 of 2013, s 3 and Sch 7 item 227, by substituting ", or former section 170AA," for "or 170AA" in para (a)(vb), effective 28 June 2013.

S 8A(1) amended by No 56 of 2010, s 3 and Sch 6 item 39, by repealing para (a)(ii), effective 3 June 2010. Para (a)(ii) formerly read:

(ii) HEC assessment debt; or

S 8A(1) amended by No 101 of 2006, s 3 and Sch 2 items 972 and 973, by inserting "and" at the end of para (a)(vb) and substituting para (b), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive. Para (b) formerly read:

(b) the payment is made more than 14 days before:

(i) if subparagraph (ii) does not apply - the day (the "appropriate due day" ) on which the tax, debt, interest, amount or instalment concerned becomes due and payable; or

(ii) if the person is a relevant entity or an instalment taxpayer and the payment is of, or on account of, income tax payable under an assessment under section 166A of the Tax Act - the final instalment day (also the appropriate due day ) in respect of the year of income in respect of which the income tax is payable; or

(iii) if the person is a relevant entity or an instalment taxpayer and the payment is of, or is on account of, income tax payable under an assessment under section 166, 167 or 168 of the Tax Act - the day (also the appropriate due day ) on which that tax becomes due and payable;

S 8A(1) amended by No 75 of 2005; No 150 of 2003; No 11 of 1999 and No 169 of 1995.

Archived:

S 8A(1A) repealed as inoperative by No 101 of 2006, s 3 and Sch 1 item 307, effective 14 September 2006. For application and savings provisions and for former wording see the CCH Australian Income Tax Legislation archive.

S 8A(2) amended by No 61 of 2023, s 3 and Sch 1 item 153, by substituting "AASL" for "TSL" in para (bd), effective 1 January 2024. For transitional provisions, see note under s 3C.

S 8A(2) amended by No 116 of 2018, s 3 and Sch 1 item 64, by inserting para (baa), effective 1 July 2019.

S 8A(2) amended by No 169 of 2015, s 3 and Sch 1 item 104, by inserting para (bb) and (bc), effective 1 January 2016.

S 8A(2) amended by No 82 of 2014, s 3 and Sch 1 item 29, by inserting para (bd), effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount".

S 8A(2) amended by No 56 of 2010, s 3 and Sch 6 item 40, by repealing para (b), effective 3 June 2010. Para (b) formerly read:

(b) HEC assessment debt; or

S 8A(2) amended by No 101 of 2006, s 3 and Sch 2 item 974, by omitting "or section 20B of the Loan (Income Equalisation Deposits) Act 1976" after "of the Tax Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8A(2) amended by No 150 of 2003, s 3 and Sch 2 item 164, by inserting para (ba), effective 1 January 2004.

S 8A inserted by No 181 of 1994.

S 8B(1) amended by No 101 of 2006, s 3 and Sch 2 item 975, by omitting "a relevant entity, an instalment taxpayer or" after "if the person is not" in para (a) and after "if the person is" in para (b), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8B(1) amended by No 179 of 1999.

S 8B inserted by No 181 of 1994.

S 8C amended by No 101 of 2006, s 3 and Sch 2 item 976, by substituting "the base interest rate (within the meaning of the Tax Act)" for "such annual rate or rates as are provided for by section 214A of the Tax Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8C amended by No 11 of 1999; and inserted by No 181 of 1994.

S 8D inserted by No 181 of 1994.

Pt IIB inserted by No 181 of 1994.

S 8E(1) amended by No 61 of 2023, s 3 and Sch 1 item 154, by substituting "AASL" for "TSL" in para (d)(iiic), effective 1 January 2024. For transitional provisions, see note under s 3C.

S 8E(1) amended by No 116 of 2018, s 3 and Sch 1 item 65, by inserting para (d)(iiiaa), effective 1 July 2019.

S 8E(1) amended by No 169 of 2015, s 3 and Sch 1 item 105, by inserting para (d)(iiia) and (d)(iiib), effective 1 January 2016.

S 8E(1) amended by No 82 of 2014, s 3 and Sch 1 item 30, by inserting para (d)(iiic), effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount".

S 8E(1) amended by No 26 of 2012, s 3 and Sch 1 item 45, by inserting para (d)(iva), applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.

S 8E(1) amended by No 56 of 2010, s 3 and Sch 6 item 41, by substituting "a" for "an HEC assessment debt or" in para (d)(iii), effective 3 June 2010.

S 8E(1) amended by No 42 of 2009, s 3 and Sch 4 item 14, by substituting "Division 67" for "Section 67-25" in the note, effective 23 June 2009.

S 8E(1) amended by No 101 of 2006, s 3 and Sch 2 item 977, by omitting "a relevant entity, an instalment taxpayer or" after "a person who is not" in para (a), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8E(1) amended by No 150 of 2003, s 3 and Sch 2 item 165, by inserting "or compulsory repayment amount" after "HEC assessment debt" in para (d)(iii), effective 1 January 2004.

S 8E(1) amended by No 170 of 2001 and No 179 of 1999.

S 8E(2) amended by No 61 of 2023, s 3 and Sch 1 item 154, by substituting "AASL" for "TSL" in para (d)(iiic), effective 1 January 2024. For transitional provisions, see note under s 3C.

S 8E(2) amended by No 116 of 2018, s 3 and Sch 1 item 66, by inserting para (d)(iiiaa), effective 1 July 2019.

S 8E(2) amended by No 169 of 2015, s 3 and Sch 1 item 106, by inserting para (d)(iiia) and (d)(iiib), effective 1 January 2016.

S 8E(2) amended by No 82 of 2014, s 3 and Sch 1 item 31, by inserting para (d)(iiic), effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount".

S 8E(2) amended by No 26 of 2012, s 3 and Sch 1 item 46, by inserting para (d)(iva), applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.

S 8E(2) amended by No 56 of 2010, s 3 and Sch 6 item 41, by substituting "a" for "an HEC assessment debt or" in para (d)(iii), effective 3 June 2010.

S 8E(2) amended by No 101 of 2006, s 3 and Sch 2 item 977, by omitting "a relevant entity, an instalment taxpayer or" after "a person who is not" in para (a), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8E(2) amended by No 150 of 2003, s 3 and Sch 2 item 166, by inserting "or compulsory repayment amount" after "HEC assessment debt", effective 1 January 2004.

S 8E(2) amended by No 179 of 1999.

S 8E inserted by No 181 of 1994.

S 8F inserted by No 181 of 1994.

S 8G(1) amended by No 42 of 2009, s 3 and Sch 4 item 15, by substituting "Division 67" for "Section 67-25" in the note, effective 23 June 2009.

S 8G(1) amended by No 101 of 2006, s 3 and Sch 2 items 978 and 979, by omitting "a relevant entity, an instalment taxpayer or" after "a person who is" in para (a) and substituting paras (e) and (f), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive. Paras (e) and (f) formerly read:

(e) if the person furnishes the return of income for the year of income 30 days or more before:

(i) if the person is an instalment taxpayer - the final instalment day; or

(ii) if the person is a full self-assessment taxpayer - the due date for payment of the assessed tax;

the first crediting occurs 30 days or more after the day on which the person furnishes the return; and

(f) if the person furnishes the return of income for the year of income after 30 days or more before:

(i) if the person is an instalment taxpayer - the final instalment day; or

(ii) if the person is a full self-assessment taxpayer - the due date for payment of the assessed tax;

the first crediting occurs after the final instalment day, or after the due date for payment of the assessed tax, as the case requires;

S 8G(1) amended by No 101 of 2004, No 170 of 2001 and No 179 of 1999.

S 8G(2) amended by No 101 of 2006, s 3 and Sch 2 item 980, by omitting "a relevant entity, an instalment taxpayer or" after "a person who is" in para (a), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8G(2) amended by No 179 of 1999.

S 8G inserted by No 181 of 1994.

S 8H(1A) inserted by No 179 of 1999.

S 8H(2A) inserted by No 179 of 1999.

S 8H(3) amended by No 101 of 2006, s 3 and Sch 2 item 981, by substituting para (d), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive. Para (d) formerly read:

(d) on so much of the excess as is not attributable to payments mentioned in paragraph (b):

(i) if the person is a relevant entity or an instalment taxpayer - for the period from the beginning of the final instalment day until the end of the day on which the later crediting occurs; or

(ii) if the person is a full self-assessment taxpayer - for the period from the beginning of the due date for payment of assessed tax until the end of the day on which the later crediting occurs.

S 8H(3) amended by No 179 of 1999.

S 8H inserted by No 181 of 1994.

S 8I amended by No 101 of 2006, s 3 and Sch 2 item 982, by substituting "the base interest rate (within the meaning of the Tax Act)" for "such annual rate or rates as are provided for by section 214A of the Tax Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8I amended by No 11 of 1999; and inserted by No 181 of 1994.

S 8J repealed by No 143 of 2007, s 3 and Sch 1 item 219, applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007. S 8J formerly read:

SECTION 8J LIMIT ON INTEREST WHERE CORRELATIVE RELIEF IN RESPECT OF FOREIGN TAX  
8J(1)
If:

(a) apart from this section, interest is payable on an excess resulting from the crediting, applying or refunding of one or more income tax crediting amounts; and

(b) at least one (the "correlative relief amount" ) of the income tax crediting amounts was applied to provide correlative relief in respect of the taxing of an amount under a law of a foreign country; and

(c) the interest on the excess, to the extent that it is attributable to the correlative relief amount, exceeds by an amount (the "reduction amount" ) the lesser of:

(i) the amount of the late payment interest mentioned in subparagraph (b)(i) of the definition of "income tax crediting amount" in subsection 3(1), expressed in Australian currency at the exchange rate applicable at the time when the taxing of the amount under the law of the foreign country takes place;

(ii) the correlative relief amount;

then the interest payable is reduced by the reduction amount.

8J(2)
For the purposes of paragraph (1)(c), so much of the interest payable on the excess mentioned in paragraph (1)(a) as is worked out using the following formula is taken to be attributable to the correlative relief amount:

	Correlative relief amount	× Excess
	Sum of correlative relief amount and any other income tax crediting amounts

S 8J inserted by No 181 of 1994.

Former s 8K(1) and (2) repealed by No 161 of 2005.

Former s 8K(4) repealed by No 11 of 1999.

S 8K inserted by No 181 of 1994.

Pt IIC inserted by No 71 of 1997.

S 8L inserted by No 71 of 1997.

S 8M inserted by No 71 of 1997.

S 8N inserted by No 71 of 1997.

S 8P amended by No 101 of 2006, s 3 and Sch 2 item 983, by substituting "the base interest rate (within the meaning of the Tax Act)" for " such annual rate or rates as are provided for by section 214A of the Income Tax Assessment Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8P amended by No 11 of 1999; and inserted by No 71 of 1997.

Pt IID repealed by No 23 of 2018, s 3 and Sch 1 item 74, effective 1 April 2018. No 23 of 2018, s 3 and Sch 1 Pt 7 contain the following general application and transitional provisions:

Part 7 - General application and transitional provisions

75 Object  
75
The object of this Part is to ensure that, despite the repeals and amendments made by this Schedule, the full legal and administrative consequences of:

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

(b) any state of affairs existing; or

(c) any period ending;

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

76 Making and amending assessments, and doing other things, in relation to past matters  
76
Even though an Act is repealed or amended by this Schedule, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument:

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

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

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

77 Saving of provisions about effect of assessments  
77
If a provision or part of a provision that is repealed or amended by this Schedule deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies. 78 Repeals disregarded for the purposes of dependent provisions  
78
If the operation of a provision (the subject provision ) of any Act or legislative instrument depends to any extent on an Act, or a provision of an Act, that is repealed by this Schedule, the repeal is disregarded so far as it affects the operation of the subject provision. 79 Part does not limit operation of section 7 of the Acts Interpretation Act 1901  
79
This Part does not limit the operation of section 7 of the Acts Interpretation Act 1901.

Pt IID inserted by No 71 of 1997.

S 8Q repealed by No 23 of 2018, s 3 and Sch 1 item 74, effective 1 April 2018. For general application and transitional provisions, see note under Pt IID heading. S 8Q formerly read:

SECTION 8Q INTERPRETATION  
8Q
Expressions used in this Part that are defined in the Termination Payments Tax (Assessment and Collection) Act 1997 have the same meanings as in that Act.

S 8Q inserted by No 71 of 1997.

S 8R repealed by No 23 of 2018, s 3 and Sch 1 item 74, effective 1 April 2018. For general application and transitional provisions, see note under Pt IID heading. S 8R formerly read

SECTION 8R ENTITLEMENT TO INTEREST  
8R
If:

(a) an assessment is made under the Termination Payments Tax (Assessment and Collection) Act 1997 in respect of a taxpayer's liability to pay termination payments surcharge; an

(b) the taxpayer has paid the assessed amount of the surcharge; and

(c) the assessment is amended reducing the liability of the taxpayer to pay surcharge;

interest is payable by the Commissioner to the taxpayer in accordance with this Part on the amount by which the surcharge payable by the taxpayer under the amended assessment is less than the surcharge that was paid by the taxpayer under the assessment that was amended.

S 8R inserted by No 71 of 1997.

S 8S repealed by No 23 of 2018, s 3 and Sch 1 item 74, effective 1 April 2018. For general application and transitional provisions, see note under Pt IID heading. S 8S formerly read:

SECTION 8S PERIOD OF INTEREST  
8S
The interest is payable for the period that:

(a) started on the later of the following days:

(i) the day on which the amount of the surcharge was paid;

(ii) the day by which the amount of the surcharge was required to be paid; and

(b) ends on the day on which the assessment was amended.

S 8S inserted by No 71 of 1997.

S 8T repealed by No 23 of 2018, s 3 and Sch 1 item 74, effective 1 April 2018. For general application and transitional provisions, see note under Pt IID heading. S 8T formerly read:

SECTION 8T RATE OF INTEREST  
8T
Interest under this Part is payable at the base interest rate (within the meaning of the Tax Act).

S 8T amended by No 101 of 2006, s 3 and Sch 2 item 983, by substituting "the base interest rate (within the meaning of the Tax Act)" for "such annual rate or rates as are provided for by section 214A of the Income Tax Assessment Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8T amended by No 11 of 1999; and inserted by No 71 of 1997.

Part IIE inserted by No 191 of 1997.

S 8U inserted by No 191 of 1997.

S 8V inserted by No 191 of 1997.

S 8W inserted by No 191 of 1997.

S 8X amended by No 101 of 2006, s 3 and Sch 2 item 983, by substituting "the base interest rate (within the meaning of the Tax Act)" for "such annual rate or rates as are provided for by section 214A of the Income Tax Assessment Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8X amended by No 11 of 1999; and inserted by No 191 of 1997.

Part IIF inserted by No 191 of 1997.

S 8Y inserted by No 191 of 1997.

S 8Z inserted by No 191 of 1997.

S 8ZA inserted by No 191 of 1997.

S 8ZB amended by No 101 of 2006, s 3 and Sch 2 item 983, by substituting "the base interest rate (within the meaning of the Tax Act)" for "such annual rate or rates as are provided for by section 214A of the Income Tax Assessment Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 8ZB inserted by No 191 of 1997.

Pt IIG inserted by No 9 of 2007, s 3 and Sch 1 item 36, applicable to the 2007-2008 income year and later years.

S 8ZC inserted by No 9 of 2007, s 3 and Sch 1 item 36, applicable to the 2007-2008 income year and later years.

S 8ZD(1) amended by No 15 of 2007, s 3 and Sch 1 item 394, by inserting "section 133 of the Retirement Savings Accounts Act 1997 or" after "employer was required by" in para (b), applicable to the 2007-2008 income year and later years.

S 8ZD inserted by No 9 of 2007, s 3 and Sch 1 item 36, applicable to the 2007-2008 income year and later years.

S 8ZE inserted by No 9 of 2007, s 3 and Sch 1 item 36, applicable to the 2007-2008 income year and later years.

S 8ZF inserted by No 9 of 2007, s 3 and Sch 1 item 36, applicable to the 2007-2008 income year and later years.

Pt III heading substituted for ``Entitlement to Interest'' by No 181 of 1994.

S 9(1) amended by No 123 of 1984.

S 9(1A) amended by No 143 of 2007, s 3 and Sch 1 item 220, by inserting ", for juridical double taxation or economic double taxation," after "provide correlative relief" in para (b), applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.

S 9(1A) inserted by No 181 of 1994.

S 9(1B) inserted by No 10 of 2016, s 3 and Sch 1 item 37, applicable in relation to look-through earnout rights created on or after 24 April 2015. No 10 of 2016, s 3 and Sch 1 item 39 contains the following transitional provision:

39 Transitional - protection for anticipating announcement  
39(1)
Section 170B of the Income Tax Assessment Act 1936 also applies as if the following additional announcement were listed in the table in subsection (8) of that section:

14

Budget Paper No. 2, Budget Measures 2010-11, Part 1, topic headed "Capital gains tax - look-through treatment for earnout arrangements".

11 May 2010

39(2)
Subsection 170B(3) and paragraph 170B(8)(b) of that Act also apply in relation to that announcement as if references in those provisions to 14 December 2013 were references to 23 April 2015.

S 9(1C) inserted by No 59 of 2019, s 3 and Sch 2 item 22, effective 30 August 2019.

S 9(2) amended by No 14 of 2009, s 3 andSch 4 item 47, by substituting "section 10" for "subsection 10(1)", effective 26 March 2009.

S 9(3) amended by No 14 of 2009, s 3 and Sch 4 item 47, by substituting "section 10" for "subsection 10(1)", effective 16 March 2009.

S 9(4) amended by No 43 of 1996.

S 9(6) amended by No 143 of 2007, s 3 and Sch 7 item 103, by inserting "time" after "at a later" in para (b), effective 24 September 2007.

S 9(6) amended by No 101 of 2006, s 3 and Sch 2 item 984, by substituting "atax offset" for "an offset" in para (b), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 9(6) inserted by No 58 of 1987.

S 9(7) substituted by No 101 of 2006, s 3 and Sch 2 item 985, effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive. S 9(7) formerly read:

9(7)
An expression used in subsection (6) and in Part IIIAA of the Tax Act has the same meaning in that subsection as it has in that Part of that Act.

S 9(7) amended by No 181 of 1994 and inserted by No 58 of 1987.

S 9(8) inserted by No 26 of 2012, s 3 and Sch 1 item 47, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.

S 10(1) renumbered from s 10 by No 99 of 2012, s 3 and Sch 1 item 21, by inserting "(1)" before "Interest payable", applicable to an individual in relation to amounts withheld by a company, if: (a) the amounts are withheld during an income year of the individual starting on or after 1 July 2011; and (b) the company is required to pay the amounts withheld to the Commissioner on or after 29 June 2012.

S 10 amended by No 14 of 2009, s 3 and Sch 4 items 48 and 49, by substituting para (a), effective 26 March 2009. No 14 of 2009, s 3 and Sch 4 item 50 contains the following transitional provision:

Transitional  
50
If subparagraph 10(1)(a)(iii) of the Taxation (Interest on Overpayments and Early Payments) Act 1983 (as in force before 26 March 2009) could apply to a taxpayer, that subparagraph continues to apply despite the amendment made.

Para (a) formerly read:

(a) in respect of the period that commenced on whichever is the latest of the following days, namely:

(i) the day on which notice of the assessment, determination or decision, being the assessment, determination or decision in relation to which the decision to which this Act applies was made, was issued to the person by the Commissioner;

(ii) the day on which the amount of relevant tax was paid to the Commissioner; or

(iii) where:

(A) the relevant tax is relevant tax of a kind referred to in items 5 to 85 of the table in section 3C and sub-subparagraph (AA) does not apply - 14 February 1983; or

(AA) the relevant tax is relevant tax of a kind referred to in items 5 to 50 of the table in section 3C and the decision to which this Act applies is a decision of the kind referred to in paragraph (ca) of the definition of decision to which this Act applies in that subsection - 1 July 1986; or

(B) (Repealed by No 101 of 2006)

(C) (Repealed by No 101 of 2006)

(D) none of the preceding sub-subparagraphs is applicable in relation to the relevant tax - 20 December 1984; and

Former s 10(1) amended by No 101 of 2006, s 3 and Sch 2 items 986 to 990, by omitting "if paragraph (aa) does not apply -" in para (a), omitting ", or 105," in para (a)(iii)(A), inserting "or" at the end of para (a)(iii)(A) and (AA) and substituting "the base interest rate (within the meaning of the Tax Act)" for "such annual rate or rates as are provided for by section 214A of the Tax Act" in para (b), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

Former s 10(1) amended by No 58 of 2006, s 3 and Sch 7 items 202 to 206, by substituting "items 5 to 85, or 105, of the table in section 3C" for "paragraph (a), (b), (c), (d), (e) or (g) of the definition of relevant tax in subsection 3(1)" in para (a)(iii)(A), substituting "items 5 to 50 of the table in section 3C" for "paragraph (a) of the definition of relevant tax in subsection 3(1)" in para (a)(iii)(AA), substituting "item 65 of the table in section 3C" for "paragraph (ba) of the definition of relevant tax in subsection 3(1)" in para (a)(iii)(B), substituting "item 70 of the table in section 3C" for "paragraph (bb) of the definition of relevant tax in subsection 3(1)" and substituting "items 5 to 50 of the table in section 3C" for "paragraph (a) of the definition of relevant tax in subsection 3(1)" in para (aa), effective 1 July 2006.

Former s 10(1) amended by No 11 of 1999; No 181 of 1994; No 46 of 1986; No 49 of 1985; and No 123 of 1984.

S 10(2) inserted by No 99 of 2012, s 3 and Sch 1 item 22, applicable to an individual in relation to amounts withheld by a company, if: (a) the amounts are withheld during an income year of the individual starting on or after 1 July 2011; and (b) the company is required to pay the amounts withheld to the Commissioner on or after 29 June 2012.

Former s 10(2) repealed by No 181 of 1994.

S 11 amended by No 143 of 2007, s 3 and Sch 1 item 221, by inserting ", for juridical double taxation or economic double taxation," after "provide correlative relief" in para (b), applicable in relation to income years, statutory accounting periods and notional accounting periods starting on or after the first 1 July that occurs after 24 September 2007.

S 11 substituted by No 181 of 1994.

S 11A inserted by No 123 of 1984.

Pt IIIA heading substituted by No 8 of 2019, s 3 and Sch 8 item 66, effective 1 April 2019. The heading formerly read:

PART IIIA - INTEREST ON OVERPAYMENTS RESULTING FROM CERTAIN REMISSIONS, REFUNDS AND CREDITS

Pt IIIA inserted by No 181 of 1994.

S 12A(1) amended by No 8 of 2019, s 3 and Sch 8 items 67-69, by substituting "former section 163AA" for "section 163AA" in para (a)(i), "remission or refund" for "remission, refund or crediting" in para (b) and "remitted or refunded" for "remitted, refunded or credited", effective 1 April 2019.

S 12A(1) amended by No 70 of 2015, s 3 and Sch 6 item 62, by substituting "of the Tax Act or section 5-15 of the Income Tax Assessment Act 1997" for "and subsection 204(3) of the Tax Act" in para (a)(i), applicable from 1 July 2010.

S 12A(1) amended by No 82 of 2014, s 3 and Sch 1 item 32, by substituting para (a)(iv), effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount". Para (a)(iv) formerly read:

(iv) refunds the whole or part of a payment made by the person on account of:

(A) income tax; or

(B) (Repealed by No 56 of 2010)

(BA) compulsory repayment amount; or

(C) FS assessment debt; or

(D) (Repealed by No 101 of 2006)

(E) interest under section 102AAM of the Tax Act; and

(F)-(J) (Repealed by No 101 of 2006)

S 12A(1) amended by No 56 of 2010, s 3 and Sch 6 item 42, by repealing para (a)(iv)(B), effective 3 June 2010. Para (a)(iv)(B) formerly read:

(B) HEC assessment debt; or

S 12A(1) amended by No 101 of 2006, s 3 and Sch 2 items 991 and 992, by substituting "and subsection 204(3)" for ", section 170AA, subsection 204(3), subsection 221AZMAA(1), subsection 221AZP(1), subsection 221YD(3) and section 221YDB" in para (a)(i) and substituting "and" for "or" in para (a)(iv)(E), effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 12A(1) amended by No 75 of 2005; No 150 of 2003; No 179, No 178 and No 11 of 1999.

S 12A(1A) amended by No 61 of 2023, s 3 and Sch 1 item 155, by substituting "AASL" for "TSL" in para (c), effective 1 January 2024. For transitional provisions, see note under s 3C.

S 12A(1A) amended by No 116 of 2018, s 3 and Sch 1 item 67, by inserting para (baa), effective 1 July 2019.

S 12A(1A) amended by No 169 of 2015, s 3 and Sch 1 item 107, by inserting para (ba) and (bb), effective 1 January 2016.

S 12A(1A) inserted by No 82 of 2014, s 3 and Sch 1 item 33, effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount".

S 12A(2) substituted by No 82 of 2014, s 3 and Sch 1 item 34, effective 18 July 2014. For transitional provision see note under definition of "compulsory TSL repayment amount". S 12A(2) formerly read:

12A(2)
A reference in subparagraph (1)(a)(iv) to a person making a payment on account of:

(a) income tax; or

(b) (Repealed by No 56 of 2010)

(ba) compulsory repayment amount; or

(c) FS assessment debt;

does not include a reference to the making of a deduction or payment under Part VI of the Tax Act.

S 12A(2) amended by No 56 of 2010, s 3 and Sch 6 item 43, by repealing para (b), effective 3 June 2010. Para (b) formerly read:

(b) HEC assessment debt; or

S 12A(2) amended by No 101 of 2006, s 3 and Sch 2 item 993, by omitting "or section 20B of the Loan (Income Equalisation Deposits) Act 1976" after "of the Tax Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 12A(2) amended by No 150 of 2003, s 3 and Sch 2 item 168, by inserting para (ba), effective 1 January 2004.

S 12A inserted by No 181 of 1994.

S 12B amended by No 8 of 2019, s 3 and Sch 8 item 70, by substituting "remission or refund" for "remission, refund or crediting", effective 1 April 2019.

S 12B inserted by No 181 of 1994.

S 12C amended by No 101 of 2006, s 3 and Sch 2 item 994, by substituting "the base interest rate (within the meaning of the Tax Act)" for "such annual rate or rates as are provided for by section 214A of the Tax Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 12C amended by No 11 of 1999; and inserted by No 181 of 1994.

Part IIIAA inserted by No 179 of 1999.

S 12AA amended by No 96 of 2014, s 3 and Sch 1 items 114 and 115, by inserting "petroleum" in para (a) and " petroleum " in the note, effective 30 September 2014. For transitional provisions see note under s 3C.

S 12AA amended by No 88 of 2013, s 3 and Sch 7 items 187-188, by inserting "or resource rent tax amount" in para (a) and " resource rent tax amount ," in the note, effective 1 July 2012.

S 12AA inserted by No 179 of 1999.

S 12AB amended by No 96 of 2014, s 3 and Sch 1 items 116 and 117, by inserting "petroleum" in para (a) and " petroleum " in the note, effective 30 September 2014. For transitional provisions see note under s 3C.

S 12AB amended by No 88 of 2013, s 3 and Sch 7 items 189-190, by inserting "or resource rent tax amount" in para (a) and " resource rent tax amount ," in the note, effective 1 July 2012.

S 12AB inserted by No 179 of 1999.

S 12AC amended by No 96 of 2014, s 3 and Sch 1 items 118 and 119, by inserting "petroleum" in para (b) and " petroleum " in the note, effective 30 September 2014. For transitional provisions see note under s 3C.

S 12AC amended by No 88 of 2013, s 3 and Sch 7 items 191-192, by inserting "or resource rent tax amount" in para (b) and " resource rent tax amount ," in the note, effective 1 July 2012.

S 12AC inserted by No 179 of 1999.

S 12AD inserted by No 179 of 1999.

S 12AE amended by No 101 of 2006, s 3 and Sch 2 item 995, by substituting "base interest rate (within the meaning of the Tax Act)" for "annual rate or rates provided for in section 214A of the Tax Act", effective 14 September 2006. For application and savings provisions see the CCH Australian Income Tax Legislation archive.

S 12AE inserted by No 179 of 1999.

Definition of "petroleum resource rent tax amount" inserted by No 96 of 2014, s 3 and Sch 1 item 120, effective 30 September 2014. For transitional provisions, see note under s 3C.

Definition of "RBA interest day" amended by No 55 of 2016, s 3 and Sch 23 item 21, by substituting para (b), effective 1 October 2016. Para (b) formerly read:

(b) if, by the day applicable under paragraph (a), the person has not given the Commissioner a notification that is required for the refund under section 8AAZLG of the Taxation Administration Act 1953 and that is accurate so far as it relates to the refund - the day on which that notification is given to the Commissioner;

Definition of "resource rent tax amount" repealed by No 96 of 2014, s 3 and Sch 1 item 121, effective 30 September 2014. For transitional provisions see note under s 3C. The definition formerly read:

resource rent tax amount
has the same meaning as in subsection 995-1(1) of the Tax Act.

Definition of "resource rent tax amount" inserted by No 88 of 2013, s 3 and Sch 7 item 193, effective 1 July 2012.

S 12AF inserted by No 179 of 1999.

Pt IIIB inserted by No 181 of 1994.

S 12D inserted by No 181 of 1994.

S 12E inserted by No 181 of 1994.

S 12F inserted by No 181 of 1994.