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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Legislation Amendment
(Repeal Day) Bill 2014
No. , 2014
(Treasury)
A Bill for an Act to amend the law relating to
taxation, superannuation and shareholdings in
certain financial sector companies, and for related
purposes
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Employer reporting of superannuation
contributions on payslips
3
Superannuation Industry (Supervision) Act 1993
3
Schedule 2--Consolidation and repeal of tax provisions
4
Part 1--Administrative provisions
4
Division 1--Consolidation of administrative provisions
4
Income Tax Assessment Act 1997
4
Petroleum Resource Rent Tax Assessment Act 1987
4
Product Grants and Benefits Administration Act 2000
4
Superannuation (Government Co-contribution for Low Income
Earners) Act 2003
5
Taxation Administration Act 1953
5
Division 2--Repeals of administrative provisions
7
A New Tax System (Goods and Services Tax) Act 1999
7
Fringe Benefits Tax Assessment Act 1986
7
Fuel Tax Act 2006
7
Income Tax Assessment Act 1936
8
Income Tax Assessment Act 1997
8
Income Tax (Transitional Provisions) Act 1997
9
Petroleum Resource Rent Tax Assessment Act 1987
9
Product Grants and Benefits Administration Act 2000
9
Superannuation Contributions Tax (Assessment and Collection) Act
1997
10
Superannuation Contributions Tax (Members of Constitutionally
Protected Superannuation Funds) Assessment and Collection Act
1997
10
Superannuation (Government Co-contribution for Low Income
Earners) Act 2003
11
Superannuation Guarantee (Administration) Act 1992
12
ii
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Superannuation (Unclaimed Money and Lost Members) Act 1999
12
Taxation Administration Act 1953
12
Part 2--Reports by investment bodies
14
Taxation Administration Act 1953
14
Part 3--Repeals of penalty tax provisions
17
Division 1--Amendments
17
Crimes (Taxation Offences) Act 1980
17
Fringe Benefits Tax Assessment Act 1986
17
Petroleum Resource Rent Tax Assessment Act 1987
18
Taxation Administration Act 1953
19
Division 2--Savings provisions
19
Part 4--Other repeals and amendments
21
Income Tax Assessment Act 1936
21
Income Tax Assessment Act 1997
22
Superannuation (Government Co-contribution for Low Income
Earners) Act 2003
22
Superannuation Guarantee (Administration) Act 1992
22
Schedule 3--Amendment of the Financial Sector
(Shareholdings) Act 1998
24
Financial Sector (Shareholdings) Act 1998
24
Schedule 4--Definition of Australia
27
Part 1--Income Tax Assessment Act 1997
27
Part 2--Income Tax Assessment Act 1936
31
Part 3--A New Tax System (Goods and Services Tax) Act
1999
33
Part 4--Other amendments
40
A New Tax System (Australian Business Number) Act 1999
40
A New Tax System (Luxury Car Tax) Act 1999
40
A New Tax System (Wine Equalisation Tax) Act 1999
42
Child Support (Assessment) Act 1989
44
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
iii
Child Support (Registration and Collection) Act 1988
44
Fringe Benefits Tax Assessment Act 1986
44
Petroleum Resource Rent Tax Assessment Act 1987
45
Superannuation Guarantee (Administration) Act 1992
45
Taxation Administration Act 1953
46
Part 5--Application
48
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
1
A Bill for an Act to amend the law relating to
1
taxation, superannuation and shareholdings in
2
certain financial sector companies, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Treasury Legislation Amendment
7
(Repeal Day) Act 2014.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day this Act receives the Royal Assent.
3. Schedule 2,
Part 1, Division 1
The day this Act receives the Royal Assent.
4. Schedule 2,
Part 1, Division 2
The later of:
(a) 90 days after the day this Act receives
the Royal Assent; and
(b) 1 July 2015.
5. Schedule 2,
Parts 2 to 4
The day this Act receives the Royal Assent.
6. Schedules 3
and 4
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Employer reporting of superannuation contributions on payslips Schedule 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
3
Schedule 1
--Employer reporting of
1
superannuation contributions on
2
payslips
3
4
Superannuation Industry (Supervision) Act 1993
5
1 Section 4 (table item dealing with Part No. 29B)
6
Repeal the item.
7
2 Subparagraph 6(1)(g)(ii)
8
Omit "numbers); and", substitute "numbers).".
9
3 Paragraph 6(1)(h)
10
Repeal the paragraph.
11
4 Subsection 10(1) (definition of Fair Work Inspector)
12
Repeal the definition.
13
5 Subsection 10(1) (definition of industrial instrument)
14
Repeal the definition.
15
6 Part 29B
16
Repeal the Part.
17
Schedule 2 Consolidation and repeal of tax provisions
Part 1 Administrative provisions
4
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Schedule 2
--Consolidation and repeal of tax
1
provisions
2
Part 1
--Administrative provisions
3
Division 1
--Consolidation of administrative provisions
4
Income Tax Assessment Act 1997
5
1 Subsection 214-5(6)
6
Omit "and sections 214-50 and 214-85 of this Act", substitute ",
7
sections 214-50 and 214-85 of this Act and section 350-10 in
8
Schedule 1 to the Taxation Administration Act 1953".
9
Petroleum Resource Rent Tax Assessment Act 1987
10
2 Subsection 98C(3) (note)
11
Omit "section 106", substitute "section 106 of this Act and
12
section 350-10 in Schedule 1 to the Taxation Administration Act 1953".
13
3 At the end of subsection 102(3)
14
Add "of this Act or paragraph 353-10(1)(c) in Schedule 1 to the
15
Taxation Administration Act 1953".
16
4 Paragraph 23(4)(d) of Schedule 2
17
Omit "(evidence)", substitute "of this Act and section 350-10 in
18
Schedule 1 to the Taxation Administration Act 1953 (evidence)".
19
Product Grants and Benefits Administration Act 2000
20
5 Section 5 (definition of false statement)
21
After "paragraph 42(2)(b) or (c)", insert "of this Act or
22
paragraph 353-10(1)(b) or (c) in Schedule 1 to the Taxation
23
Administration Act 1953)".
24
Consolidation and repeal of tax provisions Schedule 2
Administrative provisions Part 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
5
6 Subsection 42(2A)
1
After "subsection (2)", insert "of this section or section 350-10 in
2
Schedule 1 to the Taxation Administration Act 1953".
3
Superannuation (Government Co-contribution for Low
4
Income Earners) Act 2003
5
7 Paragraph 14(1)(c)
6
After "sections 30 and 31 of this Act", insert ", or requirements by the
7
Commissioner under paragraph 353-10(1)(a) in Schedule 1 to the
8
Taxation Administration Act 1953 for the purpose of the administration
9
or operation of this Act".
10
Taxation Administration Act 1953
11
8 After section 2A
12
Insert:
13
2B Act binds the Crown
14
This Act binds the Crown in each of its capacities. However, it
15
does not make the Crown liable to a pecuniary penalty or to be
16
prosecuted for an offence.
17
9 Section 350-1 in Schedule 1
18
Omit "certain".
19
10 Section 350-5 in Schedule 1
20
Repeal the section, substitute:
21
350-5 Application of Subdivision
22
This Subdivision applies in relation to all
*
taxation laws.
23
11 Subsection 350-10(1) in Schedule 1 (table item 2)
24
Repeal the item, substitute:
25
2
(a) a notice of
*
assessment under a
*
taxation law; or
(a) the assessment or declaration was
properly made, or the notice was
properly given; and
Schedule 2 Consolidation and repeal of tax provisions
Part 1 Administrative provisions
6
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
(b) a declaration under:
(i) subsection 165-40(1) or
165-45(3) of the
*
GST
Act; or
(ii) subsection 75-40(1) or
75-45(3) of the Fuel Tax
Act 2006; or
(c) a notice under section 18-140 in
this Schedule, or under
section 102UR, 177EA or 177EB
of the Income Tax Assessment
Act 1936;
(b) except in proceedings under
Part IVC of this Act on a review
or appeal relating to the
assessment, declaration or
notice--the amounts and
particulars of the assessment,
declaration or notice are correct.
12 After subsection 350-10(3) in Schedule 1
1
Insert:
2
(3A) A document that is provided to the Commissioner under a
*
taxation
3
law, and that purports to be made or signed by or on behalf of an
4
entity, is prima facie evidence that the document was made by the
5
entity or with the authority of the entity.
6
13 Subsection 353-10(1) in Schedule 1
7
Repeal the subsection, substitute:
8
(1) The Commissioner may by notice in writing require you to do all
9
or any of the following:
10
(a) to give the Commissioner any information that the
11
Commissioner requires for the purpose of the administration
12
or operation of a
*
taxation law;
13
(b) to attend and give evidence before the Commissioner, or an
14
individual authorised by the Commissioner, for the purpose
15
of the administration or operation of a taxation law;
16
(c) to produce to the Commissioner any documents in your
17
custody or under your control for the purpose of the
18
administration or operation of a taxation law.
19
Note:
Failing to comply with a requirement can be an offence under
20
section 8C or 8D.
21
14 Section 353-15 in Schedule 1 (heading)
22
Repeal the heading, substitute:
23
Consolidation and repeal of tax provisions Schedule 2
Administrative provisions Part 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
7
353-15 Access to premises, documents etc.
1
15 Subsection 353-15(1) in Schedule 1
2
Omit "an
*
indirect tax law, the
*
MRRT law or the
*
Division 293 tax
3
law", substitute "a
*
taxation law".
4
16 Paragraph 353-15(1)(a) in Schedule 1
5
Omit "or premises", substitute ", premises or place".
6
17 Subsection 353-15(2) in Schedule 1
7
Omit "or premises", substitute ", premises or place".
8
18 Paragraph 353-15(3)(a) in Schedule 1
9
Omit "or premises", substitute ", premises or a place".
10
19 Paragraph 353-15(3)(b) in Schedule 1
11
Omit "or premises", substitute ", premises or place".
12
20 Section 355-200 in Schedule 1 (example)
13
Omit "section 264 of the Income Tax Assessment Act 1936", substitute
14
"paragraph 353-10(1)(c)".
15
Division 2
--Repeals of administrative provisions
16
A New Tax System (Goods and Services Tax) Act 1999
17
21 Section 31-30
18
Repeal the section.
19
Fringe Benefits Tax Assessment Act 1986
20
22 Sections 125 to 128
21
Repeal the sections.
22
Fuel Tax Act 2006
23
23 Section 61-17
24
Repeal the section.
25
Schedule 2 Consolidation and repeal of tax provisions
Part 1 Administrative provisions
8
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Income Tax Assessment Act 1936
1
24 Sections 102US, 128Q, 128X, 164, 176 and 177
2
Repeal the sections.
3
25 Subsections 177EA(8) and 177EB(8)
4
Repeal the subsections.
5
26 Sections 263 and 264
6
Repeal the sections.
7
27 Subsection 264A(18)
8
Omit "section 264", substitute "section 353-10 in Schedule 1 to the
9
Taxation Administration Act 1953".
10
28 Subsection 264A(24)
11
Omit "section 264 and nothing in section 264", substitute
12
"section 353-10 in Schedule 1 to the Taxation Administration Act 1953
13
and nothing in that section".
14
Income Tax Assessment Act 1997
15
29 Subsection 214-5(6)
16
Omit "section 177 of the Income Tax Assessment Act 1936,
17
sections 214-50 and 214-85 of this Act and".
18
30 Sections 214-50 and 214-85
19
Repeal the sections.
20
31 Subdivision 214-E (heading)
21
Repeal the heading, substitute:
22
Subdivision 214-E--Records
23
32 Section 214-170
24
Omit ", information gathering and tax agents".
25
Consolidation and repeal of tax provisions Schedule 2
Administrative provisions Part 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
9
33 Sections 214-180, 292-250 and 292-470
1
Repeal the sections.
2
Income Tax (Transitional Provisions) Act 1997
3
34 Section 214-95
4
Repeal the section.
5
Petroleum Resource Rent Tax Assessment Act 1987
6
35 Subsection 98C(3) (note)
7
Omit "section 106 of this Act and".
8
36 Subsection 102(3)
9
Omit "paragraph 108(1)(c) of this Act or".
10
37 Sections 105, 106, 107 and 108
11
Repeal the sections.
12
38 Paragraph 23(4)(d) of Schedule 2
13
Omit "section 106 of this Act and".
14
Product Grants and Benefits Administration Act 2000
15
39 Section 5 (definition of authorised officer)
16
Repeal the definition.
17
40 Section 5 (definition of false statement)
18
Omit "paragraph 42(2)(b) or (c) of this Act or".
19
41 Section 5
20
Repeal the following definitions:
21
(a) definition of occupier;
22
(b) definition of premises.
23
42 Section 22
24
Repeal the section.
25
Schedule 2 Consolidation and repeal of tax provisions
Part 1 Administrative provisions
10
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
43 Subsections 42(1) and (2)
1
Repeal the subsections.
2
44 Subsection 42(2A)
3
Omit "(2A)".
4
45 Subsection 42(2A)
5
Omit "subsection (2) of this section or".
6
46 Subsection 42(3)
7
Repeal the subsection.
8
47 Sections 43 to 45
9
Repeal the sections.
10
48 Part 11
11
Repeal the Part.
12
49 Sections 57 and 59
13
Repeal the sections.
14
Superannuation Contributions Tax (Assessment and
15
Collection) Act 1997
16
50 Sections 36 to 39
17
Repeal the sections.
18
51 Section 43 (definition of authorised officer)
19
Repeal the definition.
20
Superannuation Contributions Tax (Members of
21
Constitutionally Protected Superannuation Funds)
22
Assessment and Collection Act 1997
23
52 Section 29
24
Repeal the section.
25
Consolidation and repeal of tax provisions Schedule 2
Administrative provisions Part 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
11
53 Sections 31 to 33
1
Repeal the sections.
2
54 Section 38 (definition of authorised officer)
3
Repeal the definition.
4
Superannuation (Government Co-contribution for Low
5
Income Earners) Act 2003
6
55 Subsection 5(2)
7
Omit:
8
•
Part 6 (sections 30 to 45) tells you how the Commissioner of
9
Taxation gathers some of the information needed for making
10
decisions about Government co-contributions.
11
substitute:
12
•
Part 6 (sections 32 to 39) sets out record keeping obligations
13
and provides for infringement notices).
14
56 Paragraph 14(1)(c)
15
Omit "requests by the Commissioner under sections 30 and 31 of this
16
Act, or".
17
57 Part 6 (heading)
18
Repeal the heading, substitute:
19
Part 6--Enforcement
20
58 Division 1 of Part 6 (heading)
21
Repeal the heading, substitute:
22
Division 1--Record keeping obligations
23
59 Sections 30 and 31
24
Repeal the sections.
25
Schedule 2 Consolidation and repeal of tax provisions
Part 1 Administrative provisions
12
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
60 Division 3 of Part 6
1
Repeal the Division.
2
61 Section 56 (definition of authorised person)
3
Repeal the definition.
4
Superannuation Guarantee (Administration) Act 1992
5
62 Subsection 6(1) (definition of authorised officer)
6
Repeal the definition.
7
63 Sections 74 to 77
8
Repeal the sections.
9
Superannuation (Unclaimed Money and Lost Members) Act
10
1999
11
64 Section 8 (definition of authorised officer)
12
Repeal the definition.
13
65 Sections 45 to 47
14
Repeal the sections.
15
Taxation Administration Act 1953
16
66 Paragraph 8J(2)(ha)
17
Repeal the paragraph.
18
67 Paragraph 8J(2)(k)
19
Omit "264(1)(b) or".
20
68 Paragraphs 8J(2)(ma), (mb) and (nb)
21
Repeal the paragraphs.
22
69 Subsection 18-155(1) in Schedule 1
23
Omit "(1)".
24
Consolidation and repeal of tax provisions Schedule 2
Administrative provisions Part 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
13
70 Subsection 18-155(2) in Schedule 1
1
Repeal the subsection.
2
71 Subsections 298-30(3) and (4) in Schedule 1
3
Repeal the subsections.
4
Schedule 2 Consolidation and repeal of tax provisions
Part 2 Reports by investment bodies
14
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Part 2
--Reports by investment bodies
1
Taxation Administration Act 1953
2
72 After Division 392
3
Insert:
4
Division 393--Reports by investment bodies
5
Guide to Division 393
6
393-1 What this Division is about
7
An investment body must give to the Commissioner quarterly
8
reports about the quoting of investors' tax file numbers and ABNs,
9
and annual reports on Part VA investments.
10
Table of sections
11
393-5
Reports about quoting tax file numbers and ABNs
12
393-10
Annual investment income reports
13
393-15
Errors in reports
14
393-5 Reports about quoting tax file numbers and ABNs
15
(1) If an entity is an
*
investment body in relation to a
*
Part VA
16
investment for which either of the following occurs during a
17
*
quarter:
18
(a) an
*
investor's
*
tax file number is
*
quoted in connection with
19
the investment;
20
(b) an investor's
*
ABN is quoted in connection with the
21
investment;
22
the entity must give to the Commissioner a report on all Part VA
23
investments, in relation to which the entity is an investment body,
24
for which either of those events occurs during the quarter.
25
(2) The report must be in the
*
approved form.
26
Consolidation and repeal of tax provisions Schedule 2
Reports by investment bodies Part 2
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
15
(3) The report must be given to the Commissioner no later than 28
1
days after the end of the
*
quarter.
2
Note:
Section 388-55 allows the Commissioner to defer the time for giving
3
an approved form.
4
(4) Subsection (1) does not apply to an
*
investment body in relation to
5
a
*
quarter for which the investment body has complied with an
6
*
arrangement in force between the investment body and the
7
Commissioner relating to the reporting of
*
tax file numbers and
8
*
ABNs.
9
393-10 Annual investment income reports
10
(1) An entity must give to the Commissioner a report, for a
*
financial
11
year, on all
*
Part VA investments in relation to which it was an
12
*
investment body at any time during the year.
13
(2) The report must be in the
*
approved form.
14
(3) The report must be given to the Commissioner within the following
15
period after the end of the
*
financial year:
16
(a) the period the Commissioner specifies by legislative
17
instrument; or
18
(b) otherwise--4 months.
19
Note:
Section 388-55 allows the Commissioner to defer the time for giving
20
an approved form.
21
(4) The report need not include particulars of an investment for which
22
the return during the
*
financial year was less than $1.
23
(5) Despite subsection (1), the entity need not give to the
24
Commissioner a report, for a
*
financial year during which the total
25
number of
*
Part VA investments in relation to which it was an
26
*
investment body is less than:
27
(a) the number the Commissioner specifies by legislative
28
instrument; or
29
(b) otherwise--10.
30
(6) Subsection (1) does not apply to an
*
investment body in relation to
31
a
*
financial year for which the investment body has complied with
32
an
*
arrangement in force between the investment body and the
33
Commissioner relating to the reporting on
*
Part VA investments.
34
Schedule 2 Consolidation and repeal of tax provisions
Part 2 Reports by investment bodies
16
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
393-15 Errors in reports
1
(1) An entity must give to the Commissioner a corrected report if:
2
(a) the entity has given a report to the Commissioner under this
3
Division; and
4
(b) after giving the report, the entity becomes aware of a material
5
error in it.
6
(2) The report must be in the
*
approved form.
7
(3) The report must be given to the Commissioner no later than 28
8
days after the entity becomes aware of the error.
9
Note:
Section 388-55 allows the Commissioner to defer the time for giving
10
an approved form.
11
73 Application
12
The amendments made by this Schedule apply in relation to quarters or
13
financial years (as the case requires) beginning on or after 1 July 2015.
14
Consolidation and repeal of tax provisions Schedule 2
Repeals of penalty tax provisions Part 3
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
17
Part 3
--Repeals of penalty tax provisions
1
Division 1
--Amendments
2
Crimes (Taxation Offences) Act 1980
3
74 Subsection 3(1) (paragraph (b) of the definition of fringe
4
benefits tax)
5
Omit ", subsection 112(4) or Part VIII", substitute "or
6
subsection 112B(4)".
7
75 Subsection 3(1) (paragraph (b) of the definition of
8
petroleum resource rent tax)
9
Omit "or Part IX".
10
Fringe Benefits Tax Assessment Act 1986
11
76 Subsection 74(8)
12
Repeal the subsection.
13
77 Subsection 75(2)
14
Omit "or Part VIII".
15
78 Subsection 90(1)
16
Omit "(1)".
17
79 Subsection 90(2)
18
Repeal the subsection (not including the note).
19
80 Subsection 90(2) (note)
20
Omit "and additional tax".
21
81 Subsection 93(1)
22
Omit ", or the additional tax under Part VIII,", substitute "( including
23
additional tax)".
24
Schedule 2 Consolidation and repeal of tax provisions
Part 3 Repeals of penalty tax provisions
18
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
82 Subsection 93(1)
1
Omit "or the additional tax" (wherever occurring).
2
83 Subsection 93(2)
3
Omit "additional tax", substitute "additional tax".
4
84 Subsection 100(4)
5
Omit "or Part VIII".
6
85 Part VIII
7
Repeal the Part.
8
86 Subsection 129(5)
9
Omit "or Part VIII".
10
87 Subsection 136(1) (definition of assessment)
11
Repeal the definition, substitute:
12
assessment means the ascertainment of the fringe benefits taxable
13
amount of an employer of a year of tax and of the tax payable on
14
that amount.
15
Petroleum Resource Rent Tax Assessment Act 1987
16
88 Section 2 (definition of assessment)
17
Repeal the definition, substitute:
18
assessment means the ascertainment of the amount of a person's
19
taxable profit (or that a person has no taxable profit) in relation to a
20
year of tax and a petroleum project, and of the tax payable on that
21
amount (or that no tax is payable).
22
Note:
Under clause 23 of Schedule 2, assessments may also be made for
23
starting base purposes.
24
89 Part IX
25
Repeal the Part.
26
Consolidation and repeal of tax provisions Schedule 2
Repeals of penalty tax provisions Part 3
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
19
Taxation Administration Act 1953
1
90 Subsection 8AAB(4) (table item 5, column 3)
2
Omit "or penalty tax".
3
91 Subsection 250-10(2) in Schedule 1 (cell at table item 25,
4
column headed "Provision")
5
Repeal the cell, substitute:
6
90
92 Subsection 250-10(2) in Schedule 1 (table item 30)
7
Repeal the item.
8
93 Subsection 250-10(2) in Schedule 1 (table item 40, column
9
headed "Topic")
10
Omit "and additional tax".
11
94 Subsection 340-10(2) in Schedule 1 (table item 1, column
12
headed "Provision(s)")
13
Omit "or Part VIII".
14
Division 2
--Savings provisions
15
95 Object
16
The object of this Division is to ensure that, despite the repeals and
17
amendments made by Division 1 of this Part, the full legal and
18
administrative consequences of:
19
(a) any act done or omitted to be done; or
20
(b) any state of affairs existing; or
21
(c) any period ending;
22
before such a repeal or amendment commences, can continue to arise
23
and be carried out, directly or indirectly through an indefinite number of
24
steps, even if some or all of those steps are taken after the repeal or
25
amendment commences.
26
Schedule 2 Consolidation and repeal of tax provisions
Part 3 Repeals of penalty tax provisions
20
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
96 Making and amending assessments, and doing other
1
things, in relation to past matters
2
Even though an Act is amended by Division 1 of this Part, the
3
amendment is disregarded for the purpose of doing any of the following
4
under any Act or legislative instrument:
5
(a) making or amending an assessment (including under a
6
provision that is itself repealed or amended);
7
(b) exercising any right or power, performing any obligation or
8
duty or doing any other thing (including under a provision
9
that is itself repealed or amended);
10
in relation to any act done or omitted to be done, any state of affairs
11
existing, or any period ending, before the amendment commences.
12
97 Saving of provisions about effect of assessments
13
If a provision or part of a provision that is repealed or amended by
14
Division 1 of this Part deals with the effect of an assessment, the repeal
15
or amendment is disregarded in relation to assessments made, before or
16
after the repeal or amendment commences, in relation to any act done or
17
omitted to be done, any state of affairs existing, or any period ending,
18
before the repeal or amendment commences.
19
98 Repeals disregarded for the purposes of dependent
20
provisions
21
If the operation of a provision (the subject provision) of any Act or
22
legislative instrument depends to any extent on a provision of an Act,
23
and that provision is repealed by Division 1 of this Part, the repeal is
24
disregarded so far as it affects the operation of the subject provision.
25
99 Division does not limit operation of section 7 of the Acts
26
Interpretation Act 1901
27
This Division does not limit the operation of section 7 of the Acts
28
Interpretation Act 1901.
29
Consolidation and repeal of tax provisions Schedule 2
Other repeals and amendments Part 4
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
21
Part 4
--Other repeals and amendments
1
Income Tax Assessment Act 1936
2
100 Section 23AC
3
Repeal the section.
4
101 Subsection 79B(3A)
5
Omit "23AC,".
6
102 Subsection 82L(1)
7
Insert:
8
prescribed stock exchange means an approved stock exchange
9
(within the meaning of the Income Tax Assessment Act 1997)
10
operating in Australia.
11
103 Section 82N
12
Repeal the section.
13
104 Paragraph 128F(8)(c)
14
Omit "in a country", substitute "in the United States of America or in
15
another country".
16
105 Section 202DA
17
Repeal the section.
18
106 Subsection 202DB(1)
19
Omit ", at any time after the beginning of the phasing-in period for this
20
Division,".
21
107 Paragraph 202DB(2)(a)
22
Omit ", at any time after the beginning of the phasing-in period for this
23
Division,".
24
108 Subsection 202DC(3)
25
Omit ", after the beginning of the phasing-in period for this Division,".
26
Schedule 2 Consolidation and repeal of tax provisions
Part 4 Other repeals and amendments
22
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
109 Paragraph 202DDB(1)(b)
1
Repeal the paragraph, substitute:
2
(b) either:
3
(i) the secondary investment has a descriptive title which
4
identifies all the primary investors; or
5
(ii) the conditions set out in the regulations are satisfied;
6
110 Paragraph 202DE(a)
7
Omit "after the beginning of the phasing-in period for this Division,".
8
Income Tax Assessment Act 1997
9
111 Section 11-
15 (table item headed "foreign aspects of
10
income taxation")
11
Omit:
12
Defence Force member, pay and allowances from
performing duties in operational areas .........................
23AC
13
Superannuation (Government Co-contribution for Low
14
Income Earners) Act 2003
15
112 Paragraphs 16(1)(d) and 20(1)(d)
16
Omit "the prescribed information", substitute "a statement, in the
17
approved form".
18
113 Section 56
19
Insert:
20
approved form has the meaning given by section 388-50 in
21
Schedule 1 to the Taxation Administration Act 1953.
22
Superannuation Guarantee (Administration) Act 1992
23
114 Subsections 33(2) and (3)
24
Repeal the subsections, substitute:
25
(2) The statement must be in the approved form.
26
Consolidation and repeal of tax provisions Schedule 2
Other repeals and amendments Part 4
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
23
115 Section 34
1
After "matters", insert "set out in the approved form".
2
Schedule 3 Amendment of the Financial Sector (Shareholdings) Act 1998
24
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Schedule 3
--Amendment of the Financial
1
Sector (Shareholdings) Act 1998
2
3
Financial Sector (Shareholdings) Act 1998
4
1 Section 8
5
Repeal the section, substitute:
6
8 Simplified outline of this Part
7
If a person holds a stake in a financial sector company that exceeds
8
the allowed percentage, the Federal Court may make orders to
9
ensure that the situation ceases to exist.
10
A person commits an offence if, by acquiring shares in a company
11
(alone or under an arrangement with others), the person causes or
12
worsens such a situation.
13
A person's stake is the percentage of voting power in the company
14
controlled by the person and the person's associates.
15
The allowed percentage is 15% or a higher percentage approved by
16
the Treasurer for the person on national interest grounds.
17
A person who holds a stake of no more than 15% of a financial
18
sector company may be declared by the Treasurer to have practical
19
control of the company. The person must then take steps to end
20
that control.
21
The regulations may require records to be kept, and information to
22
be given, for purposes relating to these restrictions.
23
2 Subparagraph 23(1)(b)(i)
24
Omit "have any", substitute "hold a".
25
3 Subparagraph 23(1)(b)(ii)
26
Omit "has", substitute "holds".
27
Amendment of the Financial Sector (Shareholdings) Act 1998 Schedule 3
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
25
4 Subparagraph 24(1)(c)(i)
1
Omit "have any", substitute "hold a".
2
5 Subparagraph 24(1)(c)(ii)
3
Omit "has", substitute "holds".
4
6 Subparagraph 25(1)(c)(i)
5
Omit "have any", substitute "hold a".
6
7 Subparagraph 25(1)(c)(ii)
7
Omit "has", substitute "holds".
8
8 Subparagraph 25(1)(f)(i)
9
Omit "have any", substitute "hold a".
10
9 Subparagraph 25(1)(f)(ii)
11
Omit "has", substitute "holds".
12
10 Paragraph 31(1)(c)
13
Omit "stakeholder's stake", substitute "stake the stakeholder holds".
14
11 Subsection 31(3)
15
Insert:
16
hold, in relation to a stake in a company, has the same meaning as
17
in Schedule 1.
18
12 Subsection 31(3) (definition of increase)
19
After "stake", insert "held".
20
13 Subclause 2(1) of Schedule 1
21
Insert:
22
hold, in relation to a stake in a company, has the meaning given by
23
subclause 10(1A).
24
14 Subclause 2(1) of Schedule 1 (definition of increase)
25
After "stake", insert "held".
26
Schedule 3 Amendment of the Financial Sector (Shareholdings) Act 1998
26
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
15 Clause 10 of Schedule 1 (heading)
1
Repeal the heading, substitute:
2
10 Holding a stake in a company
3
16 Before subclause 10(1) of Schedule 1
4
Insert:
5
(1A) A person holds a stake in a company at a particular time only if the
6
person holds a direct control interest in the company.
7
17 Application
8
The amendments made by this Schedule apply for the purposes of
9
determining, after the commencement of this item:
10
(a) whether a person holds a stake in a company; and
11
(b) if the person does--the percentage stake.
12
Definition of Australia Schedule 4
Income Tax Assessment Act 1997 Part 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
27
Schedule 4
--Definition of Australia
1
Part 1
--Income Tax Assessment Act 1997
2
1 After section 1-3
3
Insert:
4
1-4 Application
5
This Act extends to every external Territory referred to in the
6
definition of Australia.
7
2 Subsection 2-
15(3) (table headed "Core concepts", after
8
item 3)
9
Insert:
10
3A.
Australia
Subdivision 960-T
3 Section 11-
55 (table item headed "foreign aspects of
11
income taxation")
12
After:
13
distributions of conduit foreign income .............................. 802-20
insert:
14
income derived by foreign residents in exclusive
economic zone or on or above continental shelf ...........
768-110
4 Paragraph 40-865(1)(b)
15
Omit "in a Petroleum Act offshore area or an Installations Act adjacent
16
area within the meaning of section 6AA of the Income Tax Assessment
17
Act 1936", substitute "in an area referred to in subsection 960-505(2)
18
(about offshore areas, the Joint Petroleum Development Area and
19
installations)".
20
5 At the end of Subdivision 768-B
21
Add:
22
Schedule 4 Definition of Australia
Part 1 Income Tax Assessment Act 1997
28
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
768-110 Foreign residents deriving income from certain activities in
1
Australia's exclusive economic zone or on or above
2
Australia's continental shelf
3
(1) The object of this section is to ensure Australia's compliance with
4
certain provisions of the
*
United Nations Convention on the Law
5
of the Sea.
6
Note:
The text of the United Nations Convention on the Law of the Sea is in
7
Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in
8
2014 be viewed in the Australian Treaties Library on the AustLII
9
website (http://www.austlii.edu.au).
10
(2) If you are a foreign resident, your
*
ordinary income and
*
statutory
11
income is neither assessable income, nor
*
exempt income, to the
12
extent that:
13
(a) the income is from an activity carried on in an area that is:
14
(i) part of Australia's exclusive economic zone; or
15
(ii) part of, or above, Australia's continental shelf; and
16
(b) the activity is specified by regulation to be a prescribed
17
activity for the purpose of this section.
18
6 At the end of Division 960 of Part 6-1
19
Add:
20
Subdivision 960-T--Meaning of Australia
21
Guide to Subdivision 960-T
22
960-500 What this Subdivision is about
23
This Subdivision includes rules about the meaning of Australia
24
when used in a geographical sense.
25
The ordinary meaning of Australia includes each State and internal
26
Territory of Australia and their internal waters and any islands that
27
are part of those State and Territories.
28
This Subdivision extends the ordinary meaning of Australia to
29
include each external Territory of Australia (other than the
30
Definition of Australia Schedule 4
Income Tax Assessment Act 1997 Part 1
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
29
Australian Antarctic Territory) and certain offshore areas and
1
certain offshore installations.
2
Table of sections
3
Operative provisions
4
960-505 Meaning of Australia
5
Operative provisions
6
960-505 Meaning of Australia
7
Territories
8
(1) Australia, when used in a geographical sense, includes each of the
9
following:
10
(a) Norfolk Island;
11
(b) the Coral Sea Islands Territory;
12
(c) the Territory of Ashmore and Cartier Islands;
13
(d) the Territory of Christmas Island;
14
(e) the Territory of Cocos (Keeling) Islands;
15
(f) the Territory of Heard Island and the McDonald Islands.
16
Note 1:
Section 15B of the Acts Interpretation Act 1901 provides that an Act
17
is taken to have effect in the coastal sea of Australia as if the coastal
18
sea were part of Australia.
19
Note 2:
Division 1A of Part III of the Income Tax Assessment Act 1936
20
provides special rules in relation to residents of Norfolk Island.
21
Offshore areas
22
(2) Australia, when used in a geographical sense, includes each of the
23
following areas:
24
(a) an offshore area for the purpose of the Offshore Petroleum
25
and Greenhouse Gas Storage Act 2006;
26
(b) the Joint Petroleum Development Area (within the meaning
27
of the Petroleum (Timor Sea Treaty) Act 2003).
28
Note 1:
The offshore area and the Joint Petroleum Development Area include
29
all things located in those areas, including all installations and
30
structures such as oil and gas rigs. The areas also extend to the
31
airspace over, and the sea-bed and subsoil beneath, those areas.
32
Schedule 4 Definition of Australia
Part 1 Income Tax Assessment Act 1997
30
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Note 2:
The offshore area and the Joint Petroleum Development Area include
1
the exclusive economic zone and the continental shelf of Australia.
2
7 Subsection 995-1(1)
3
Insert:
4
Australia has the meaning affected by section 960-505.
5
8 Subsection 995-1(1)
6
Insert:
7
United Nations Convention on the Law of the Sea means the
8
United Nations Convention on the Law of the Sea, done at
9
Montego Bay on 10 December 1982.
10
Note:
The text of the United Nations Convention on the Law of the Sea is in
11
Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in
12
2014 be viewed in the Australian Treaties Library on the AustLII
13
website (http://www.austlii.edu.au).
14
Definition of Australia Schedule 4
Income Tax Assessment Act 1936 Part 2
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
31
Part 2
--Income Tax Assessment Act 1936
1
9 Subsection 6(1)
2
Insert:
3
Australia has the same meaning as in the Income Tax Assessment
4
Act 1997.
5
10 Section 6AA
6
Repeal the section.
7
11 Section 7A
8
Repeal the section.
9
12 Subsection 23AA(1) (definition of Australia)
10
Repeal the definition.
11
13 Paragraph 24C(b)
12
Repeal the paragraph, substitute:
13
(b) is a resident of Australia only because the definition of
14
Australia includes a reference to the prescribed Territory.
15
14 Subsection 24F(2)
16
Omit "of the operation of subsection 7A(2)", substitute "because the
17
definition of Australia includes a reference to the prescribed Territory".
18
15 Subsection 24L(5)
19
Omit "if subsection 7A(2) did not refer to Norfolk Island", substitute "if
20
the definition of Australia did not include a reference to the prescribed
21
Territory".
22
16 Subsection 251S(1)
23
Omit ", for the financial year that commenced on 1 July 1983, and for
24
each succeeding financial year,", substitute "for a financial year".
25
17 Paragraphs 251S(1)(a) and (b)
26
Omit "otherwise than by virtue of subsection 7A(2)", substitute "other
27
than a Territory resident (within the meaning of section 24C)".
28
Schedule 4 Definition of Australia
Part 2 Income Tax Assessment Act 1936
32
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
18 Subsections 251S(3) and (4)
1
Repeal the subsections.
2
19 Paragraph 251U(1)(d)
3
Omit "solely because subsection 7A(2) treats Norfolk Island as part of
4
Australia", substitute "only because the definition of Australia includes
5
the prescribed Territory (within the meaning of section 24B)".
6
20 Paragraph 252(2)(b)
7
Repeal the paragraph, substitute:
8
and (b) is ordinarily resident in Australia; and
9
21 Subsection 252(6)
10
Repeal the subsection.
11
22 Paragraph 252A(2A)(b)
12
Repeal the paragraph, substitute:
13
and (b) is ordinarily resident in Australia; and
14
23 Subsection 252A(15)
15
Repeal the subsection.
16
Definition of Australia Schedule 4
A New Tax System (Goods and Services Tax) Act 1999 Part 3
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
33
Part 3
--A New Tax System (Goods and Services Tax)
1
Act 1999
2
24 Subsection 3-5(3) (table)
3
Repeal the table, substitute:
4
Common definitions that are not asterisked
Item
This term:
1
acquisition
2
amount
3
Commissioner
4
entity
5
goods
6
GST
7
import
8
indirect tax zone
9
individual
10
input tax credit
11
supply
12
tax period
13
thing
14
you
25 Section 195-1 (definition of Australia)
5
Repeal the definition.
6
26 Section 195-1 (definition of carried on in Australia)
7
Repeal the definition.
8
27 Section 195-1
9
Insert:
10
carried on in the indirect tax zone, in relation to an
*
enterprise,
11
has the meaning given by subsection 9-25(6).
12
Schedule 4 Definition of Australia
Part 3 A New Tax System (Goods and Services Tax) Act 1999
34
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
28 Section 195-1 (definition of connected with Australia)
1
Repeal the definition.
2
29 Section 195-1
3
Insert:
4
connected with the indirect tax zone, in relation to a supply, has
5
the meaning given by sections 9-25 and 85-5.
6
Note:
This meaning is also affected by section 96-5.
7
30 Section 195-1
8
Insert:
9
indirect tax zone means Australia (within the meaning of the
10
*
ITAA 1997), but does not include any of the following:
11
(a) the external Territories;
12
(b) an offshore area for the purpose of the Offshore Petroleum
13
and Greenhouse Gas Storage Act 2006;
14
(c) the Joint Petroleum Development Area (within the meaning
15
of the Petroleum (Timor Sea Treaty) Act 2003);
16
other than an installation (within the meaning of the Customs Act
17
1901) that is deemed by section 5C of the Customs Act 1901 to be
18
part of Australia and that is located in an offshore area or the Joint
19
Petroleum Development Area.
20
31 Amendments of listed provisions
21
22
Further amendments
Item
Provision
Omit
Substitute
1
Paragraph 9-5(c)
Australia
the indirect tax zone
2
Section 9-25 (heading)
Australia
the indirect tax zone
3
Subsection 9-25(1)
(heading)
Australia
the indirect tax zone
4
Subsection 9-25(1)
Australia
the indirect tax zone
5
Subsection 9-25(1)
Australia
the indirect tax zone
6
Subsection 9-25(2)
(heading)
Australia
the indirect tax zone
7
Subsection 9-25(2)
Australia
the indirect tax zone
Definition of Australia Schedule 4
A New Tax System (Goods and Services Tax) Act 1999 Part 3
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
35
Further amendments
Item
Provision
Omit
Substitute
8
Subsection 9-25(2)
Australia
the indirect tax zone
9
Subsection 9-25(3)
(heading)
Australia
the indirect tax zone
10
Subsection 9-25(3)
Australia (wherever
occurring)
the indirect tax zone
11
Subsection 9-25(3)
Australia
the indirect tax zone
12
Subsection 9-25(4)
Australia
the indirect tax zone
13
Subsection 9-25(4)
Australia
the indirect tax zone
14
Subsection 9-25(5)
Australia
the indirect tax zone
15
Paragraphs 9-25(5)(a) to (c)
Australia (wherever
occurring)
the indirect tax zone
16
Subsection 9-25(5)
(example)
for Australia that is
supplied overseas
might be connected
with Australia
under
paragraph (5)(c).
for a trip to Queensland
that is supplied by a
travel operator in Japan
will be connected with
the indirect tax zone
under paragraph (5)(c).
17
Subsection 9-25(6)
(heading)
Australia
the indirect tax zone
18
Subsection 9-25(6)
Australia
the indirect tax zone
19
Paragraph 9-25(6)(a)
1936)
1936) in the indirect tax
zone
20
Section 9-39 (table item 11,
column headed "For this
case ... ")
Australia
the indirect tax zone
21
Section 9-69 (table
item 4A, column headed
"For this case ... ")
Australia
the indirect tax zone
22
Section 9-99 (table
items 4AA and 7, column
headed "For this case ... ")
Australia
the indirect tax zone
23
Subsection 11-15(3)
Australia
the indirect tax zone
24
Section 13-1 (note 2)
Australia
the indirect tax zone
25
Subsection 13-5(3)
Australia
the indirect tax zone
26
Subparagraph
Australia
the indirect tax zone
Schedule 4 Definition of Australia
Part 3 A New Tax System (Goods and Services Tax) Act 1999
36
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Further amendments
Item
Provision
Omit
Substitute
13-20(2)(b)(i)
27
Subsection 15-10(3)
Australia
the indirect tax zone
28
Section 25-49 (table item 3,
column headed "For this
case ... ")
Australia
the indirect tax zone
29
Paragraph 27-15(1)(b)
Australia
the indirect tax zone
30
Section 29-99 (table item 4,
column headed "For this
case ... ")
Australia
the indirect tax zone
31
Section 37-1 (table)
Australia (wherever
occurring)
the indirect tax zone
32
Subdivision 38-E (heading)
Australia
the indirect tax zone
33
Subsection 38-185(1)
(table)
Australia (wherever
occurring)
the indirect tax zone
34
Subsections 38-185(2), (3),
(4) and (6)
Australia (wherever
occurring)
the indirect tax zone
35
Section 38-187 (heading)
Australia
the indirect tax zone
36
Paragraph 38-187(b)
Australia
the indirect tax zone
37
Section 38-187 (note)
Australia (wherever
occurring)
the indirect tax zone
38
Paragraph 38-188(b)
Australia (wherever
occurring)
the indirect tax zone
39
Section 38-190 (heading)
Australia
the indirect tax zone
40
Subsection 38-190(1) (table
heading)
Australia
the indirect tax zone
41
Subsection 38-190(1)
(table)
Australia (wherever
occurring)
the indirect tax zone
42
Subsections 38-190(2) to
(5)
Australia (wherever
occurring)
the indirect tax zone
43
Subsection 38-355(1)
(table)
Australia (wherever
occurring)
the indirect tax zone
44
Subsection 38-355(2)
Australia (wherever
occurring)
the indirect tax zone
45
Paragraph 38-360(b)
Australia
the indirect tax zone
46
Section 38-540
Australia (wherever
the indirect tax zone
Definition of Australia Schedule 4
A New Tax System (Goods and Services Tax) Act 1999 Part 3
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
37
Further amendments
Item
Provision
Omit
Substitute
occurring)
47
Subdivision 38-R (heading)
Australia
the indirect tax zone
48
Section 38-570 (heading)
Australia
the indirect tax zone
49
Section 38-570
Australia (wherever
occurring)
the indirect tax zone
50
Paragraph 42-5(1A)(b)
Australia
the indirect tax zone
51
Section 42-10 (heading)
Australia
the indirect tax zone
52
Section 42-10
Australia (wherever
occurring)
the indirect tax zone
53
Subsection 60-20(3)
Australia
the indirect tax zone
54
Subsection 72-15(1)
Australia
the indirect tax zone
55
Subsection 72-50(1)
Australia
the indirect tax zone
56
Division 83 (heading)
Australia
the indirect tax zone
57
Paragraph 83-5(1)(b)
Australia
the indirect tax zone
58
Section 84-1
Australia
the indirect tax zone
59
Subsection 84-5(1)
Australia (wherever
occurring)
the indirect tax zone
60
Section 84-15
Australia (wherever
occurring)
the indirect tax zone
61
Section 85-1
Australia
the indirect tax zone
62
Section 85-5 (heading)
Australia
the indirect tax zone
63
Subsection 85-5(1)
Australia
the indirect tax zone
64
Section 85-5
Australia (wherever
occurring)
the indirect tax zone
65
Division 96 (heading)
Australia
the indirect tax zone
66
Section 96-1
Australia (wherever
occurring)
the indirect tax zone
67
Section 96-5 (heading)
Australia
the indirect tax zone
68
Section 96-5
Australia (wherever
occurring)
the indirect tax zone
69
Section 96-10 (heading)
Australia
the indirect tax zone
70
Paragraph 96-10(1)(b)
Australia
the indirect tax zone
71
Section 100-20 (heading)
Australia
the indirect tax zone
Schedule 4 Definition of Australia
Part 3 A New Tax System (Goods and Services Tax) Act 1999
38
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Further amendments
Item
Provision
Omit
Substitute
72
Paragraph 108-5(1)(b)
Australia
the indirect tax zone
73
Subsection 114-5(1) (table
items 15 and 16, column
headed "Circumstance")
Australia
the indirect tax zone
74
Subsection 114-10
Australia
the indirect tax zone
75
Paragraph 114-15(1)(a)
Australia
the indirect tax zone
76
Paragraph 114-20(1)(a)
Australia
the indirect tax zone
77
Section 117-5
Australia (wherever
occurring)
the indirect tax zone
78
Subsection 129-50(3)
Australia
the indirect tax zone
79
Subsection 134-5(1A)
Australia (wherever
occurring)
the indirect tax zone
80
Section 156-15 (heading)
Australia
the indirect tax zone
81
Section 156-15
Australia (wherever
occurring)
the indirect tax zone
82
Section 168-5
Australia (wherever
occurring)
the indirect tax zone
83
Subsection 188-15(3)
Australia (wherever
occurring)
the indirect tax zone
84
Subsection 188-20(3)
Australia (wherever
occurring)
the indirect tax zone
85
Paragraph 188-40(1)(c)
Australia
the indirect tax zone
86
Section 195-1 (definition of
import)
Australia
the indirect tax zone
87
Section 195-1 (definition of
international transport)
Australia (wherever
occurring)
the indirect tax zone
88
Section 195-1
(paragraph (a) of the
definition of place of
consignment)
Australia (first
occurring)
a place in the indirect
tax zone
89
Section 195-1
(paragraph (a) of the
definition of place of
consignment)
Australia (second
occurring)
the indirect tax zone
90
Section 195-1
in Australia (first
to a place in the indirect
Definition of Australia Schedule 4
A New Tax System (Goods and Services Tax) Act 1999 Part 3
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
39
Further amendments
Item
Provision
Omit
Substitute
(paragraph (aa) of the
definition of place of
consignment)
occurring)
tax zone
91
Section 195-1
(paragraph (aa) of the
definition of place of
consignment)
in Australia (second
occurring)
in the indirect tax zone
92
Section 195-1
(paragraph (ab) of the
definition of place of
consignment)
Australia (wherever
occurring)
the indirect tax zone
93
Section 195-1 (definition of
place of export)
Australia (first
occurring)
a place in the indirect
tax zone
94
Section 195-1 (definition of
place of export)
Australia (second
and third occurring)
the indirect tax zone
Schedule 4 Definition of Australia
Part 4 Other amendments
40
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Part 4
--Other amendments
1
A New Tax System (Australian Business Number) Act 1999
2
32 Paragraph 8(1)(b)
3
Omit "
*
connected with Australia", substitute "
*
connected with the
4
indirect tax zone".
5
33 Subsections 8(1A), (1B) and (1C)
6
Repeal the subsections.
7
34 Section 41 (definition of Australia)
8
Repeal the definition, substitute:
9
Australia, when used in a geographical sense, has the same
10
meaning as in the
*
ITAA 1997.
11
35 Section 41 (definition of connected with Australia)
12
Repeal the definition.
13
36 Section 41
14
Insert:
15
connected with the indirect tax zone, in relation to a
*
supply, has
16
the meaning given by section 195-1 of the A New Tax System
17
(Goods and Services Tax) Act 1999.
18
37 Section 41
19
Insert:
20
indirect tax zone has the meaning given by section 195-1 of the A
21
New Tax System (Goods and Services Tax) Act 1999.
22
A New Tax System (Luxury Car Tax) Act 1999
23
38 Subsection 3-5(3) (table)
24
Repeal the table, substitute:
25
Definition of Australia Schedule 4
Other amendments Part 4
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
41
Common definitions that are not asterisked
Item
This term:
1
indirect tax zone
2
luxury car tax
3
supply
4
you
39 Paragraph 5-10(1)(c)
1
Omit "Australia", substitute "the indirect tax zone".
2
40 Subsection 7-15(1) (subparagraph (b)(i) of the definition of
3
luxury car tax value)
4
Omit "Australia", substitute "the indirect tax zone".
5
41 Paragraph 7-20(1)(a)
6
Omit "Australia" (wherever occurring), substitute "the indirect tax
7
zone".
8
42 Paragraphs 7-20(2)(b), (c) and (d)
9
Omit "Australia", substitute "the indirect tax zone".
10
43 Section 27-1 (definition of Australia)
11
Repeal the definition.
12
44 Section 27-1 (definition of connected with Australia)
13
Repeal the definition.
14
45 Section 27-1
15
Insert:
16
connected with the indirect tax zone, in relation to a supply, has
17
the meaning given by section 195-1 of the
*
GST Act.
18
46 Section 27-1 (definition of import)
19
Repeal the definition, substitute:
20
import means import goods into the indirect tax zone.
21
Schedule 4 Definition of Australia
Part 4 Other amendments
42
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
47 Section 27-1
1
Insert:
2
indirect tax zone has the meaning given by section 195-1 of the
3
*
GST Act.
4
A New Tax System (Wine Equalisation Tax) Act 1999
5
48 Section 1-3 (heading)
6
Repeal the heading, substitute:
7
1-3 How the wine tax law applies to things outside the indirect tax
8
zone and things happening before commencement
9
49 Subsection 1-3(1)
10
Omit "
*
Australia", substitute "Australia (within the meaning of the
11
*
ITAA 1997)".
12
50 Subsection 3-5(3) (after table item 3)
13
Insert:
14
3A
indirect tax zone
51 Subsection 5-5(4)
15
Omit "
*
Australia", substitute "the indirect tax zone".
16
52 Section 7-25 (heading)
17
Repeal the heading, substitute:
18
7-25 Goods returned to the indirect tax zone in an unaltered
19
condition
20
53 Section 7-25
21
Omit "Australia" (wherever occurring), substitute "the indirect tax
22
zone".
23
54 Paragraph 13-5(1)(a)
24
Omit "
*
Australia", substitute "the indirect tax zone".
25
Definition of Australia Schedule 4
Other amendments Part 4
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
43
55 Paragraphs 13-5(1)(b) and 17-37(1)(a)
1
Omit "Australia", substitute "the indirect tax zone".
2
56 Paragraphs 19-5(2)(b), 19-7(2)(b) and 19-10(3)(a)
3
Omit "
*
Australia", substitute "the indirect tax zone".
4
57 Subsection 19-15(1C) (paragraph (a) of the definition of
5
approved selling price)
6
Omit "
*
Australia", substitute "the indirect tax zone".
7
58 Paragraph 25-5(1)(c)
8
Omit "Australia" (wherever occurring), substitute "the indirect tax
9
zone".
10
59 Section 33-1 (definition of Australia)
11
Repeal the definition.
12
60 Section 33-1 (definition of Australian wine)
13
Repeal the definition, substitute:
14
Australian wine means wine that has been
*
manufactured in the
15
indirect tax zone, but does not include
*
imported wine.
16
61 Section 33-1 (definition of export)
17
Repeal the definition, substitute:
18
export, in relation to wine, means export the wine from the indirect
19
tax zone.
20
62 Section 33-1 (definition of import)
21
Repeal the definition, substitute:
22
import means import goods into the indirect tax zone.
23
63 Section 33-1 (definition of imported wine)
24
Repeal the definition, substitute:
25
imported wine means wine that has been
*
imported (whether or not
26
the wine was
*
manufactured in the indirect tax zone).
27
Schedule 4 Definition of Australia
Part 4 Other amendments
44
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
64 Section 33-1
1
Insert:
2
indirect tax zone has the meaning given by section 195-1 of the
3
*
GST Act.
4
Child Support (Assessment) Act 1989
5
65 Section 10
6
Omit "otherwise than because of subsection 7A(2) of that Act",
7
substitute "(other than a person who is a resident of Australia solely
8
because the definition of Australia in that Act includes the external
9
Territories)".
10
Child Support (Registration and Collection) Act 1988
11
66 Subsection 4(1) (paragraph (a) of the definition of resident
12
of Australia)
13
Repeal the paragraph, substitute:
14
(a) means a person who is a resident of Australia for the
15
purposes of the Income Tax Assessment Act 1936 (other than
16
a person who is a resident of Australia solely because the
17
definition of Australia in that Act includes the external
18
Territories); and
19
Fringe Benefits Tax Assessment Act 1986
20
67 At the end of Part I
21
Add:
22
2B Application
23
(1) This Act extends to every external Territory referred to in the
24
definition of Australia.
25
(2) Except so far as the contrary intention appears, this Act extends to
26
acts, omissions, matters and things outside Australia, whether or
27
not in a foreign country.
28
Definition of Australia Schedule 4
Other amendments Part 4
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
45
(3) Except where otherwise expressly provided, this Act extends to
1
matters and things whether occurring before or after the
2
commencement of this Act.
3
(4) This Act binds the Crown in each of its capacities.
4
68 Subsection 136(1) (definition of Australia)
5
Repeal the definition, substitute:
6
Australia, when used in a geographical sense, has the same
7
meaning as in the Income Tax Assessment Act 1997.
8
69 Section 163
9
Repeal the section.
10
Petroleum Resource Rent Tax Assessment Act 1987
11
70 Section 2 (definition of Australia)
12
Repeal the definition, substitute:
13
Australia, when used in a geographical sense, has the same
14
meaning as in the Income Tax Assessment Act 1997.
15
Superannuation Guarantee (Administration) Act 1992
16
71 Section 4
17
Repeal the section, substitute:
18
4 Application
19
This Act extends to every external Territory referred to in the
20
definition of Australia.
21
72 Section 4A
22
Repeal the section.
23
73 Subsection 6(1)
24
Insert:
25
Schedule 4 Definition of Australia
Part 4 Other amendments
46
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Australia, when used in a geographical sense, has the same
1
meaning as in the Income Tax Assessment Act 1997.
2
74 Paragraphs 27(1)(b) and (c)
3
Repeal the paragraphs, substitute:
4
(b) salary or wages paid to an employee:
5
(i) who is not a resident of Australia for work done outside
6
Australia (except to the extent that the salary or wages
7
relate to employment covered by a certificate under
8
section 15C); or
9
(ii) who is a resident of Norfolk Island for work done in
10
Norfolk Island or outside Australia;
11
(c) salary or wages paid by an employer:
12
(i) who is not a resident of Australia to an employee who is
13
a resident of Australia for work done outside Australia;
14
or
15
(ii) who is a resident of Norfolk Island to an employee who
16
is a resident of Australia for work done in Norfolk
17
Island;
18
Taxation Administration Act 1953
19
75 Subsection 2(1)
20
Insert:
21
Australia, when used in a geographical sense, has the same
22
meaning as in the Income Tax Assessment Act 1997.
23
76 Section 3
24
Repeal the section, substitute:
25
3 Application
26
This Act extends to every external Territory referred to in the
27
definition of Australia.
28
77 Subsection 14Q(1) (definition of Australia)
29
Repeal the definition.
30
Definition of Australia Schedule 4
Other amendments Part 4
No. , 2014
Treasury Legislation Amendment (Repeal Day) Bill 2014
47
78 Subsection 12-190(7) in Schedule 1
1
Repeal the subsection (including the note), substitute:
2
(7) In working out, for the purposes of this section, whether an
3
enterprise is
*
carried on in Australia, ignore any part of Australia
4
that is not in the indirect tax zone (within the meaning of the
*
GST
5
Act).
6
Note:
The effect of this subsection is to treat an enterprise as carried on in
7
Australia only where it would be treated as carried on in the indirect
8
tax zone under the A New Tax System (Australian Business Number)
9
Act 1999.
10
Schedule 4 Definition of Australia
Part 5 Application
48
Treasury Legislation Amendment (Repeal Day) Bill 2014
No. , 2014
Part 5
--Application
1
79 Application
2
(1)
The amendments made by this Schedule apply to an income year, a year
3
of income, a tax period
or an FBT year
that commences on or after
4
1 July 2015.
5
(2)
The amendments to the A New Tax System (Australian Business
6
Number) Act 1999 made by this Schedule apply from 1 July 2015.
7
(3)
The amendments to the Child Support (Assessment) Act 1989, the Child
8
Support (Registration and Collection) Act 1988 and the Taxation
9
Administration Act 1953 made by this Schedule apply from 1 July 2015.
10
(4)
The amendments made to the Superannuation Guarantee
11
(Administration) Act 1992 apply to a quarter that commences on or after
12
1 July 2015.
13