Australian Prudential Regulation Authority Act 1998

PART 5 - FINANCIAL AND TAXATION MATTERS  

Division 3 - Taxation of APRA  

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History

Div 3 inserted by No 105 of 2008, s 3 and Sch 1 item 49, effective 18 October 2008.

SECTION 55   LIABILITY TO TAXATION  

55(1)    
Subject to subsection (2), APRA is not subject to taxation under the laws of the Commonwealth or of a State or Territory.

55(1A)    
(Repealed by No 74 of 2007)

55(2)    

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Subject to subsection (3), the regulations may provide that subsection (1) does not apply in relation to a specified law of the Commonwealth or of a State or Territory, or to laws included in a specified class of laws of the Commonwealth or of a State or Territory.

Note:

Despite subsection (1), APRA may be subject to taxation under certain laws (see, for example, section 177-5 of the A New Tax System (Goods and Services Tax) Act 1999 .

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S 55(2) amended by No 49 of 2019, s 3 and Sch 4 item 1, by omitting " or subsection (1A) " , effective 6 April 2019.

S 55(2) amended by No 24 of 2000, s 3 Sch 1 item 2; No 74 of 2007, Sch 1 item 65.

55(3)    

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If regulations made for the purpose of subsection (2) provide that subsection (1) does not apply in relation to the laws of the Commonwealth that impose income tax, APRA is to be taken not to be a public authority for the purposes of section 50-25 of the Income Tax Assessment Act 1997 .

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History

S 55(3) amended by No 101 of 2006, s 3 Sch 2 item 20.

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