Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A lump sum (the release authority lump sum ) may be paid at a time in compliance with a release authority issued to a Judge under item 3 of the table in subsection 135 - 10(1) in Schedule 1 to the Taxation Administration Act 1953 and given to the Secretary of the Department in accordance with Subdivision 135 - B in that Schedule if, at that time, either:
(a) the Judge's surcharge debt account is not in debit; or
(b) subsection (2) applies.
Note 1: The purpose of the release authority is to allow a lump sum to be paid to the Commissioner to meet a debt a Judge has under Subdivision 133 - C in Schedule 1 to the Taxation Administration Act 1953 (deferred payment of Division 293 tax).
Note 2: Division 293 tax is not payable by a Justice of the High Court or a justice or judge of a court created by the Parliament (see Subdivision 293 - F of the Income Tax Assessment Act 1997 ).
Surcharge election must be made or forgone
(2) This subsection applies if any of the following are satisfied:
(a) the Judge has made an election under subsection 6C(2) (which deals with the adjustment of benefits to take account of an amount of surcharge debt);
(b) the Judge has not made an election under that subsection and the period within which such an election may be made has expired;
(c) the Judge gives the Secretary of the Department written notice that the Judge forgoes making an election under that subsection.
Appropriation
(3) Payment of a release authority lump sum must be made out of the Consolidated Revenue Fund, which is appropriated accordingly.