Tax Laws Amendment (2006 Measures No. 3) Act 2006 (80 of 2006)

Schedule 11   Deductible gift categories

Part 1   Amendments

Income Tax Assessment Act 1997

5   After section 30-45

Insert:

30-46 Australian disaster relief funds

(1) For the purposes of item 4.1.5 of the table in subsection 30-45(1), a disaster is one to which this subsection applies if:

(a) it is declared to be a disaster, or it gives rise to a declaration of a state of emergency, by or with the approval of a Minister of a State or Territory under the law of the State or Territory; and

(b) it developed rapidly; and

(c) it resulted in the death, serious injury or other physical suffering of a large number of people, or in widespread damage to property or the natural environment.

(2) You can deduct a gift that you make to a public fund covered by item 4.1.5 of the table in subsection 30-45(1) only within the 2 years beginning:

(a) if the day (or the first day) on which the event occurred is specified in the declaration mentioned in paragraph (1)(a) - on that day; or

(b) otherwise - on the day of the declaration.

Note: Public funds under item 4.1.5 of the table in subsection 30-45(1) are for disaster relief of people in Australia. Public funds may also be established for disaster relief of people in other countries. See items 9.1.1 (which is not limited to disaster relief) and 9.1.2 of the table in section 30-80.