Pt 2-35 heading substituted by No 21 of 2015, s 3 and Sch 1 item 20, applicable in relation to non-concessional contributions for the 2013-14 financial year and later financial years. The heading formerly read:
PART 2-35
-
EXCESS CONCESSIONAL CONTRIBUTIONS
Pt 2-35 inserted by No 118 of 2013, s 3 and Sch 1 item 2, effective 29 June 2013. No 118 of 2013, s 3 and Sch 1 Pt 7 contains the following application, transitional and saving provisions:
Part 7
-
Application, transitional and saving provisions
Division 1
-
Application and transitional provisions
110 Application
(1)
Subject to this Part, the amendments made by this Schedule
[
of No 118 of 2013] apply:
(a)
so far as they affect assessments relating to an income year
-
to assessments for the 2013-14 income year and later income years; and
(b)
so far as they affect assessments relating to a financial year
-
to assessments for the 2013-2014 financial year and later financial years; and
(c)
otherwise
-
to acts done or omitted to be done, or states of affairs existing, or periods ending, on or after the start of the first income year starting on or after 1 July 2013.
(2)
Subitem (1) does not apply to item 1 of this Schedule
[
of No 118 of 2013].
…
Division 2
-
Saving provisions
112 Making and amending assessments, and doing other things etc., in relation to past matters
112
Even though an Act is repealed or amended by this Act
[
No 118 of 2013], the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the
Legislative Instruments Act 2003
):
(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making or amending an assessment (including under a provision that is itself repealed or amended);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right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);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.
113 Saving of provisions about effect of assessments
113
If a provision or part of a provision that is repealed or amended by this Schedule
[
of No 118 of 2013] 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.
114 Saving of provisions about general interest charge and interest
114
If:
(a)
a provision or part of a provision that is repealed or amended by this Act
[
No 118 of 2013] provides for the payment of:
(i)
general interest charge or shortfall interest charge; or
(ii)
an amount of interest worked out under subsection
292-425(2)
of the
Income Tax Assessment Act 1997
; and
(b)
in a particular case, the period in respect of which the charge or interest is payable (whether under the provision or under the
Taxation Administration Act 1953
) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
115 Saving of regulations
-
allocated amounts
(1)
This item applies to a regulation if:
(a)
the regulation was made for the purposes of subsection
292-25(3)
of the
Income Tax Assessment Act 1997
; and
(b)
the regulation was in force immediately before the commencement of this item
[
29 June 2013].
(2)
The regulation has effect, after the commencement of this item
[
29 June 2013], as if it had been made under subsection
291-25(3)
of the
Income Tax Assessment Act 1997
as amended by this Act
[
No 118 of 2013].
116 Saving of regulations
-
notional taxed contributions
(1)
This item applies to a regulation if:
(a)
the regulation was made for the purposes of subsection
292-170(1)
of the
Income Tax Assessment Act 1997
; and
(b)
the regulation was in force immediately before the commencement of this item
[
29 June 2013].
(2)
The regulation has effect, after the commencement of this item
[
29 June 2013], as if it had been made under subsection
291-170(1)
of the
Income Tax Assessment Act 1997
as amended by this Act
[
No 118 of 2013].
117 Saving of regulations
-
transitional rules for notional taxed contributions
(1)
This item applies to a regulation if:
(a)
the regulation was made for the purposes of a provision of section
292-170
of the
Income Tax Assessment Act 1997
mentioned in column 1 of an item of the table in subitem (3); and
(b)
the regulation was in force immediately before the commencement of this item
[
29 June 2013].
(2)
The regulation has effect, after the commencement of this item
[
29 June 2013], as if it had been made under the provision of section
291-170
of the
Income Tax (Transitional Provisions) Act 1997
mentioned in column 2 of that item of the table, as inserted by this Act
[
No 118 of 2013].
(3)
This is the table mentioned in subitems (1) and (2):
|
Saving of regulations
-
notional taxed contributions
|
|
Item
|
Column 1
Provision of the
Income Tax Assessment Act 1997
under which the existing regulation was made
|
Column 2
Provision of the
Income Tax (Transitional Provisions) Act 1997
under which the regulation is taken, after the commencement of this item
[
29 June 2013], to have been made
|
| 1 |
Paragraph 292-170(6)(d) |
Paragraph 291-170(2)(d) |
| 2 |
Subparagraph 292-170(7)(e)(ii) |
Subparagraph 291-170(3)(e)(ii) |
| 3 |
Paragraph 292-170(7)(f) |
Paragraph 292-170(3)(f) |
| 4 |
Paragraph 292-170(8)(d) |
Paragraph 292-170(4)(d) |
| 5 |
Subparagraph 292-170(9)(e)(ii) |
Subparagraph 291-170(5)(e)(ii) |
| 6 |
Paragraph 292-170(9)(f) |
Paragraph 292-170(5)(f) |
118 Saving of determination about discretion to disregard contributions
Determination relating to concessional contributions
(1)
This item applies to a determination if:
(a)
the determination was made under section
292-465
of the
Income Tax Assessment Act 1997
in relation to concessional contributions for a financial year; and
(b)
the determination was in force immediately before the commencement of this item
[
29 June 2013].
(2)
The determination has effect, after the commencement of this item
[
29 June 2013], as if it had been made under section
291-465
of that Act as amended by this Act
[
No 118 of 2013].
Determination relating to non-concessional contributions
(3)
This item applies to a determination if:
(a)
the determination was made under section
292-465
of the
Income Tax Assessment Act 1997
in relation to non-concessional contributions for a financial year; and
(b)
the determination was in force immediately before the commencement of this item
[
29 June 2013].
(4)
The determination has effect, after the commencement of this item
[
29 June 2013], as if it had been made under section
292-465
of that Act as amended by this Act
[
No 118 of 2013].
119 Part does not limit operation of the
Acts Interpretation Act 1901
119
This Part does not limit the operation of the
Acts Interpretation Act 1901
.
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