Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION

PART 2-5 - RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS

Division 30 - Gifts or contributions

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Subdivision 30-B - Tables of recipients for deductible gifts

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International affairs

SECTION 30-85 Developing country relief funds

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30-85(1)
For the purposes of item 9.1.1 of the table in subsection 30-80(1) , a country is covered by this section if:

(a) it is included in the list of official development assistance recipients published from time to time by the Organisation for Economic Co-operation and Development ' s Development Assistance Committee; or

(b) it is specified in a declaration under subsection (2) of this section.

30-85(2)

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For the purposes of paragraph (1)(b) , the *Foreign Affairs Minister may, by legislative instrument, make a declaration specifying a country as a developing country.

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History

S 30-85 substituted by No 40 of 2023, s 3 and Sch 3 item 18, effective 1 January 2024. For transitional provision, see note under s 30-80(1) . S 30-85 formerly read:

SECTION 30-85 Developing country relief funds
30-85(1)
You can deduct a gift that you make to a public fund covered by item 9.1.1 of the table in subsection 30-80(1) only if the declaration is in force at the time you make the gift.

30-85(2)
The Minister may, by legislative instrument, declare a public fund to be a developing country relief fund if he or she is satisfied that the fund:
(a) has been established by an organisation declared by the *Foreign Affairs Minister to be an approved organisation; and
(b) is solely for the relief of people in a country that:

(i) is included in the list of official development assistance recipients published from time to time by the Organisation for Economic Co-operation and Development ' s Development Assistance Committee; or

(ii) is declared by the Foreign Affairs Minister to be a developing country.

Note:

In 2019, the list of official development assistance recipients was available on the OECD ' s website (http://www.oecd.org).

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History

S 30-85(2) amended by No 64 of 2020, s 3 and Sch 3 items 228 and 229, by substituting " by legislative instrument " for " by notice in the Gazette " and para (b), effective 1 October 2020. For transitional provisions, see note under s 214-15 . Para (b) formerly read:

(b) is solely for the relief of people in a country declared by the Foreign Affairs Minister to be a developing country.

S 30-85(2) amended by No 110 of 2014, s 3 and Sch 5 item 17, by substituting " Minister " for " Treasurer " , effective 16 October 2014. For transitional provisions see note under s 30-80(1) .

S 30-85(2) amended by No 88 of 2009, s 3 and Sch 5 items 119 and 120, by substituting " *Foreign Affairs Minister " for " Minister for Foreign Affairs " in para (a) and substituting " Foreign Affairs Minister " for " Minister for Foreign Affairs " in para (b), effective 18 September 2009.

S 30-85(2) amended by No 80 of 2006, s 3 and Sch 11 item 9, by substituting " to be a developing country relief fund " for " to be a relief fund " , applicable to gifts made on or after 1 July 2006.

30-85(3)
A declaration made by the Minister under subsection (2) must not take effect earlier than the day after it is registered on the Federal Register of Legislation under the Legislation Act 2003 .
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History

S 30-85(3) substituted by No 64 of 2020, s 3 and Sch 3 item 230, effective 1 October 2020. For transitional provisions, see note under s 214-15 . S 30-85(3) formerly read:

30-85(3)
The notice must specify the day on which it has effect. It cannot have effect earlier than the day on which it is published in the Gazette .

30-85(4)
The Minister may, by legislative instrument, revoke a declaration made by the Minister under subsection (2). The revocation must not take effect earlier than the day after the instrument is registered on the Federal Register of Legislation under the Legislation Act 2003 .
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History

S 30-85(4) substituted by No 64 of 2020, s 3 and Sch 3 item 230, effective 1 October 2020. For transitional provisions, see note under s 214-15 . S 30-85(4) formerly read:

30-85(4)
The Minister may, by notice in the Gazette , revoke a declaration that a public fund is a developing country relief fund. The notice must specify the day on which it has effect. It cannot have effect earlier than the day on which it is published in the Gazette .

S 30-85(4) amended by No 110 of 2014, s 3 and Sch 5 item 17, by substituting " Minister " for " Treasurer " , effective 16 October 2014. For transitional provisions see note under s 30-80(1) .

S 30-85(4) amended by No 80 of 2006, s 3 and Sch 11 item 10, by substituting " is a developing country relief fund " for " is a relief fund " , applicable to gifts made on or after 1 July 2006.

30-85(5)
A declaration by the *Foreign Affairs Minister under this section must be in writing, signed by the Foreign Affairs Minister.
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History

S 30-85(5) amended by No 110 of 2014, s 3 and Sch 5 item 18, by substituting " the Foreign Affairs Minister " for " the Minister " , effective 16 October 2014. For transitional provisions see note under s 30-80(1) .

S 30-85(5) amended by No 88 of 2009, s 3 and Sch 5 item 121, by substituting " *Foreign Affairs Minister " for " Minister for Foreign Affairs " , effective 18 September 2009.

S 30-85 inserted by No 121 of 1997.

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