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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Governor-General
Legislation Amendment Bill 2001
No. ,
2001
(Prime
Minister)
A Bill for an Act to amend
legislation in respect of the Governor-General, and for related
purposes
ISBN: 0642 458952
Contents
Part 1—Salary 3
Part 2—Superannuation
matters 4
Income Tax Assessment Act
1936 9
Income Tax Assessment Act
1997 9
A Bill for an Act to amend legislation in respect of the
Governor-General, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Governor-General Legislation Amendment
Act 2001.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Section 3
Omit “$58,000”, substitute “$310,000”.
2 Transitional provision
The amendment made by this Part does not have effect during the continuance
in office of the person holding office as Governor-General immediately before
the commencement of this Act.
3 Subsection 2A(2)
Insert:
assessment has the same meaning as in the Superannuation
Contributions Tax (Assessment and Collection) Act 1997.
4 Subsection 2A(2)
Insert:
basic rate, at a particular time, in relation to a particular
person, means 60% of the salary of the Chief Justice of Australia at that time,
reduced by the amount of any pension or retiring allowance payable to that
person at that time, whether by virtue of a law or otherwise out of money
provided in whole or part by Australia, a State or a Territory.
5 Subsection 2A(2)
Insert:
notice of assessment, in respect of a person, means a notice
given under subsection 15(8) of the Superannuation Contributions Tax
(Assessment and Collection) Act 1997 to the person or to the person’s
spouse, or to the legal personal representative of the person or the
person’s spouse, stating that a person is liable to pay an amount of
surcharge on surchargeable contributions for the person.
6 Subsection 2A(2)
Insert:
surcharge has the same meaning as in the Superannuation
Contributions Tax (Assessment and Collection) Act 1997.
7 Subsection 2A(2) (definition of surcharge
deduction amount)
Omit all the words from and including “means”,
substitute:
means:
(c) for the purposes of calculating the prescribed percentage before the
payment of the allowance has commenced—the amount by which the
person’s surcharge debt account was in debit when the allowance became
payable; or
(d) for the purposes of calculating the prescribed percentage after the
payment of the allowance has commenced—the amount of surcharge on
surchargeable contributions for the person which the trustee is liable to pay
because of the operation of subsection 4(4).
8 Subsection 2A(2)
Insert:
surchargeable contributions, for a person, means
surchargeable contributions within the meaning of the Superannuation
Contributions Tax (Assessment and Collection) Act 1997 that are attributable
to the operation of this Act in respect of the person.
9 Paragraphs 4(3)(a) and
(b)
Repeal the paragraphs, substitute:
(a) if the person’s surcharge debt account was in debit when the
allowance became payable to the person—a rate equal to 85% of the basic
rate or the prescribed percentage of the basic rate at the relevant time,
whichever is higher; or
(b) if the person’s surcharge debt account was not in debit when the
allowance became payable to the person, whichever of the following rates is
applicable:
(i) if a notice of assessment in respect of the person has been given
before the relevant time—a rate equal to 85% of the basic rate or the
prescribed percentage of the basic rate at that time, whichever is
higher;
(ii) if a notice of assessment in respect of the person has not been given
before the relevant time, and subsection (3AA) does not apply to the person
at that time—a rate equal to 85% of the basic rate at that time;
(iii) if a notice of assessment in respect of the person has not been
given before the relevant time, and subsection (3AA) applies to the person
at that time—the basic rate at that time.
Note: For prescribed percentage, see
subsection (3B).
10 After subsection 4(3)
Insert:
(3AA) This subsection applies to a person at a particular time (the
relevant time) if, before the relevant time:
(a) the trustee of the Scheme (within the meaning of section 5A);
and
(b) the person or, if the person is deceased, the person’s spouse or
spouses or legal personal representative;
have reached a written agreement that a notice of assessment is not likely
to be given in respect of the person.
Repeal the subsection, substitute:
(3A) The rate of the allowance payable at any time (the relevant
time) to a spouse of a deceased person who held office as
Governor-General is the amount worked out using the formula:
where:
adjustment amount means the amount of any pension or retiring
allowance that would have been payable to the deceased person at the relevant
time if the deceased person had not died, whether by virtue of a law or
otherwise out of money provided in whole or part by Australia, a State or a
Territory.
allowance rate means:
(a) if the person died while holding office as Governor-General—the
rate that would be applicable at the relevant time to the deceased person under
subsection (3) if he or she had not died but had ceased to hold that
office; or
(b) if the deceased person died after ceasing to hold office as
Governor-General—the rate that would be applicable at the relevant time to
the deceased person under subsection (3) if he or she had not
died.
reduction amount means the amount of any pension or retiring
allowance payable to the spouse of the deceased person at the relevant time,
whether by virtue of a law or otherwise out of money provided in whole or part
by Australia, a State or a Territory.
12 Subsection 4(3B)
Repeal the subsection, substitute:
(3B) In subsection (3):
prescribed percentage, in relation to a person who has held
office as Governor-General, means the percentage worked out in accordance with
the formula:
where:
SAt means the amount worked out in accordance with the
formula:
where:
basic rate has the meaning given by
section 2A.
BR1 is the basic rate at
the time when the prescribed percentage is first calculated, and
BR2, BR3 etc. have corresponding
meanings for any later time when the prescribed percentage is
calculated.
SA1 is the surcharge
adjustment at the time when the prescribed percentage is first calculated, and
SA2, SA3 etc. have corresponding
meanings for any later time when the prescribed percentage is
calculated.
surcharge adjustment means the amount obtained by dividing
the person’s surcharge deduction amount by the conversion factor
applicable to the person under the determination referred to in
subsection (3C).
13 Subsection 4(4)
Repeal the subsection, substitute:
(4) If:
(a) a person ceases to hold office as Governor-General; and
(b) after the person ceases to hold office, a notice of assessment
(including an amended assessment) in respect of the person is given to the
person, the person’s spouse or the legal personal representative of the
person or the person’s spouse; and
(c) apart from this section, a person would be liable to pay surcharge
under the assessment in accordance with the Superannuation Contributions Tax
(Assessment and Collection) Act 1997;
the trustee of the Scheme (within the meaning of section 5A) is liable
to pay the surcharge under the assessment mentioned in paragraph (b), and
any general interest charge in respect of the surcharge, to the Commissioner of
Taxation, and the liability of any other person to pay the surcharge or general
interest charge, as the case requires, is discharged.
(5) Despite subsection (4), the trustee of the Scheme is not liable
to pay the surcharge unless the person, the person’s spouse or the legal
personal representative of the person or the person’s spouse gives the
notice of assessment to the trustee of the Scheme.
(6) If, after an allowance became payable to a person under this section,
a notice of assessment (including an amended assessment) of the person’s
surcharge is given to the trustee of the Scheme as mentioned in
subsection (5), the trustee must calculate or recalculate, as the case
requires, the prescribed percentage of the basic rate in accordance with
subsection (3B).
(7) Amounts payable under subsection (4) are to be paid out of the
Consolidated Revenue Fund, which is appropriated accordingly.
14 Application provision
The repeals and amendments made by this Schedule do not apply to a person
who held office as Governor-General before 20 August 1996.
Income Tax Assessment Act
1936
1 Subparagraph 97(3)(c)(i)
Omit “, 51-15”.
2 Subsection 102AAE(2)
Omit “, 51-15”.
Income Tax Assessment Act
1997
3 Section 51-15
Repeal the section.
4 Application
(1) The repeal and amendments made by this Schedule apply in relation to
income derived on or after 29 June 2001 (the commencing
day).
(2) However, the repeal and amendments do not apply in relation to income
derived on or after the commencing day by a State Governor who held that office
immediately before the commencing day.