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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family
Assistance Legislation Amendment (Extension of Time Limits) Bill
2003
No. ,
2003
(Family and Community
Services)
A Bill for an Act to extend time
limits in relation to family tax benefit and child care benefit, and for related
purposes
Contents
Part 1—Amendment of the A New Tax System (Family Assistance)
(Administration) Act
1999 3
Part 2—Amendment of the Income Tax Assessment Act
1997 5
A Bill for an Act to extend time limits in relation to
family tax benefit and child care benefit, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Family Assistance Legislation Amendment
(Extension of Time Limits) Act 2003.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Amendment
of the A New Tax System (Family Assistance) (Administration) Act
1999
1 Paragraph 10(2)(b)
Omit “next income year”, substitute “2 income years
immediately following that income year”.
2 Subsection 28(3)
Repeal the subsection, substitute:
Consequence where income tax returns are later lodged
(3) If:
(a) after the Secretary varies the determination under
subsection (2), an assessment is made under the Income Tax Assessment
Act 1936 for the cancellation income year for everyone (the taxpayers
involved):
(i) who was required to lodge an income tax return as mentioned in
subparagraph (1)(b)(iii); and
(ii) in respect of whom an assessment had not been made before the
determination was varied; and
(b) the Secretary is satisfied that the claimant was eligible for an
amount (the recalculated amount) of family tax benefit for the
cancellation days;
the Secretary must again vary the determination so that it has the effect
that, for the cancellation days, the claimant is entitled to be paid:
(c) if income tax returns for the cancellation year for the taxpayers
involved were lodged with the Commissioner of Taxation during the income year
that began 2 years after the beginning of the cancellation income year—the
recalculated amount; or
(d) in any other case—the lesser of:
(i) the recalculated amount; and
(ii) the amount that the claimant was entitled to be paid before the
variation under subsection (2) was made.
3 Paragraph 49J(2)(b)
Omit “following income year”, substitute “2 income years
immediately following that income year”.
4 Paragraph 154A(3)(b)
Omit “2 years”, substitute “3 years”.
5 Subsection 154A(4)
Omit “2 years”, substitute “3 years”.
6 Application of this Part
(1) The amendment made by item 1 applies to a claim for payment of
family tax benefit made either before or after the commencement of this Part, if
the claim is for a past period that falls wholly within the income year
beginning on 1 July 2001 or any later income year.
(2) The amendment made by item 2 applies in respect of cancellation
days occurring in the income year beginning on 1 July 2001 or any later
income year.
(3) The amendment made by item 3 applies to a claim for payment of
child care benefit made either before or after the commencement of this Part, if
the claim is for a past period that falls wholly within the income year
beginning on 1 July 2001 or any later income year.
(4) The amendment made by item 4 applies to a determination of taxable
income made on or after 1 July 2003 (including after the commencement of
this item).
(5) The amendment made by item 5 applies to tax file numbers provided
either before or after the commencement of this Part to the Commissioner in
respect of the income year beginning on 1 July 2001 or any later income
year.
Part 2—Amendment
of the Income Tax Assessment Act 1997
7 Paragraph 25-7(b)
Before “you”, insert “if the claim is for a period in an
income year other than the 2001-2002 income year—”.
8 At the end of
section 25-7
Add:
; and (c) if the claim is for a period in the 2001-2002 income
year:
(i) you lodge the claim in the 2002-2003 income year with an officer of
the Australian Taxation Office (within the meaning of that Act) for
determination by such an officer; or
(ii) you lodge the claim in the 2003-2004 income year with an officer of
the Commonwealth Services Delivery Agency (within the meaning of the
Commonwealth Services Delivery Agency Act 1997) for determination by that
officer.
9 Application
The amendments made by this Part apply to fees or commission incurred, and
in relation to advice provided, either before or after the commencement of this
Part.