Tax Laws Amendment (2011 Measures No. 6) Act 2011

(129 of 2011)

An Act to amend the law relating to taxation, and for related purposes

Assented to 3 November 2011

The Parliament of Australia enacts:

1   Short title

This Act may be cited as theTax Laws Amendment (2011 Measures No. 6) Act 2011.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Better Start for Children with Disability initiative

Income Tax Assessment Act 1997

1   Section 11-15 (table item headed "social security or like payments")

After:

insert:

2   After section 52-170

Insert:

52-172 Outer Regional and Remote payments under the Better Start for Children with Disability initiative are exempt

Payments known as Outer Regional and Remote payments under the Better Start for Children with Disability initiative are exempt from income tax.

3   Application provision

The amendments made by this Schedule apply in relation to payments made in:

(a) the 2011-12 income year; and

(b) later income years.

Schedule 2   Fly-in fly-out arrangements for Australians working overseas

Part 1   Main amendments

Fringe Benefits Tax Assessment Act 1986

1   At the end of paragraph 47(7)(a)

Add:

or (iii) at a remote location that is not in a State or internal Territory; and

Note: For the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, see section 157.

2   At the end of subparagraph 47(7)(b)(i)

Add "or".

3   At the end of sub-subparagraph 47(7)(b)(iii)(B)

Add "and".

4   At the end of subparagraph 47(7)(d)(i)

Add "or".

5   At the end of sub-subparagraph 47(7)(d)(iii)(B)

Add "and".

6   After paragraph 47(7)(d)

Insert:

(e) it would be unreasonable to expect the employee to travel on a daily basis on work days between:

(i) that usual place of employment; and

(ii) the location of the employee's usual place of residence;

having regard to the location of those places;

7   Subsection 47(7)

Omit "and, having regard to the location of that usual place of employment and the location of the employee's usual place of residence, it would be unreasonable to expect the employee to travel between those places on work days on a daily basis,".

8   Subsection 136(1)

Insert:

internal Territory has a meaning affected by subsection 157(1).

Note: See also paragraph 17(pe) of the Acts Interpretation Act 1901.

9   Application provision

The amendment made by item 1 of this Schedule applies to benefits provided on or after 1 July 2009.

Part 2   Amendments contingent on the Acts Interpretation Amendment Act 2011

Fringe Benefits Tax Assessment Act 1986

10   Subsection 136(1) (note at the end of the definition of internal Territory )

Omit "paragraph 17(pe)", substitute "section 2B".

Schedule 3   Deductible gift recipients

Part 1   Amendments commencing on 22 February 2011

Income Tax Assessment Act 1997

1   Section 30-65 (cell at table item 7.2.3, column headed "Fund, authority or institution")

Repeal the cell, substitute:

2   Section 30-315 (cell at table item 126, column without a heading)

Repeal the cell, substitute:

Part 2   Amendments commencing on Royal Assent

Income Tax Assessment Act 1997

3   Subsection 30-20(2) (at the end of the cell at table item 1.2.16, column headed "Special conditions")

Add "and before 2 August 2011".

4   Subsection 30-20(2) (at the end of the cell at table item 1.2.17, column headed "Special conditions")

Add "and before 10 November2010".

5   Subsection 30-20(2) (at the end of the table)

Add:

6   Subsection 30-80(2) (at the end of the table)

Add:

7   Section 30-315 (before table item 30)

Insert:

8   Section 30-315 (after table item 31)

Insert:

Part 3   Repeal of spent provisions

Division 1   Amendments commencing on 1 July 2013

Income Tax Assessment Act 1997

9   Subsection 30-20(2) (table item 1.2.17)

Repeal the item.

10   Section 30-315 (table item 27A)

Repeal the item.

Division 2   Amendments commencing on 1 July 2014

Income Tax Assessment Act 1997

11   Subsection 30-20(2) (table item 1.2.16)

Repeal the item.

12   Section 30-315 (table item 73A)

Repeal the item.

Division 3   Amendments commencing on 1 July 2015

Income Tax Assessment Act 1997

13   Subsection 30-80(2) (table item 9.2.24)

Repeal the item.

14   Section 30-315 (table item 31AA)

Repeal the item.