Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-20 - SUPERANNUATION  

Division 138 - First home super saver scheme  

Subdivision 138-A - First home super saver determination  

Operative provisions

SECTION 138-13   AMENDING OR REVOKING A FIRST HOME SUPER SAVER DETERMINATION  

138-13(1)    
The Commissioner may decide to:

(a)    amend a *first home super saver determination made in relation to you if you satisfy paragraphs 138-10(2)(a) to (c) ; or

(b)    revoke a first home super saver determination made in relation to you;

at any time before the Commissioner begins treating, under Division 3 of Part IIB , any credit to which you have become entitled under section 131-65 in relation to a release authority relating to the determination.

Note:

Like other first home super saver determinations, an amended determination will need to comply with Subdivision 138-B .

138-13(2)    
The Commissioner may make a decision under subsection (1) :

(a)    on the Commissioner ' s own initiative; or

(b)    on application by you to the Commissioner in the *approved form.

138-13(3)    
If a *first home super saver determination is amended or revoked under subsection (1) at a particular time, then at that time:

(a)    each of the following ceases to be valid or in force:

(i) any request under section 131-5 for a release authority in relation to that determination;

(ii) any release authority issued in relation to such a request; and

(b)    any entitlement under section 131-65 you had to a credit relating to such a request ceases.

Note:

Paragraphs (a) and (b) apply to a request or release authority whether or not it has been amended or varied.

138-13(4)    
Notice of an amended determination given by the Commissioner under this section is prima facie evidence of the matters stated in the notice. For the purposes of paragraph 131-5(3)(c) , the Commissioner is treated as issuing the amended determination at the time this notice is given.