Commonwealth of Australia Explanatory Memoranda

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TREASURY LAWS AMENDMENT (2022 MEASURES NO. 4) BILL 2022

                                      2022-2023



       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                       SENATE




    TREASURY LAWS AMENDMENT (2022 MEASURES NO. 4) BILL 2022




             SUPPLEMENTARY EXPLANATORY MEMORANDUM



    AMENDMENTS TO BE MOVED ON BEHALF OF THE GOVERNMENT




(Circulated by authority of the Assistant Treasurer and Minister for Financial Services,
                              the Hon Stephen Jones MP)
Table of Contents
Glossary................................................................................................. iii
General outline and financial impact ...................................................... 1
                         Deductible Gift Recipients ........................................... 3
                         Statement of Compatibility with Human Rights ............ 5
Glossary
This Supplementary Explanatory Memorandum uses the following abbreviations and
acronyms.

 Abbreviation                           Definition

 Bill                                   Treasury Laws Amendment (2022
                                        Measures No. 4) Bill 2022
                               Treasury Laws Amendment (2022 Measures No. 4) Bill 2022

General outline and financial impact

Deductible Gift Recipients - Parliamentary
Amendments

Outline
The Parliamentary amendments to the Bill remove Schedule 7 (Deductible Gift
Recipients) from the Bill. Schedule 7 to the Bill was included as Schedule 1 to the
Treasury Laws Amendment (2022 Measures No. 5) Bill 2022, which was enacted in
February 2023.

Date of effect

None.

Financial impact

Nil.

Human rights implications

The Parliamentary amendments do not raise any human rights issues. See Statement of
Compatibility with Human Rights -- Chapter 2.

Compliance cost impact

Nil.




                                                                                      1
                                Deductible Gift
Recipients

Outline of chapter
1.1   The parliamentary amendments remove Schedule 7 to the Bill.


Summary of amendments
1.2   Schedule 7 to the Bill proposed to amend the Income Tax Assessment Act 1997
      to update the list of specifically listed deductible gift recipients.
1.3   To facilitate expedited passage of the measure to update the list of specifically
      listed deductible gift recipients, Schedule 7 to the Bill was included instead as
      Schedule 1 to the Treasury Laws Amendment (2022 Measures No. 5) Bill
      2022. The Treasury Laws Amendment (2022 Measures No. 5) Bill 2022
      subsequently passed Parliament on 7 February 2023. Therefore, Schedule 7 no
      longer needs to progress as part of this Bill.
1.4   Amendment 1 removes the commencement provision for Schedule 7 to the Bill
      consistent with the amendment to remove Schedule 7 from the Bill.
      Amendment 2 removes Schedule 7 to the Bill.




                                                                                      3
               Statement of
Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.

Treasury Laws Amendment (2022 Measures No. 4) Bill 2022


Overview
2.1    The parliamentary amendments are compatible with the human rights and
       freedoms recognised or declared in the international instruments listed in
       section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
2.2    The amendments remove Schedule 7 to the Bill (Deductible gift recipients),
       which has already been legislated.


Human rights implications
2.3    The parliamentary amendments do not engage any of the applicable rights or
       freedoms.


Conclusion
2.4    The parliamentary amendments are compatible with human rights as it does
       not raise any human rights issues.




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