Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 156

156. Section 252 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) "being a person residing in Australia
        and";

   (b)  by omitting from sub-section (1) "attorney. With" and substituting
        "attorney, and with";

   (c)  by omitting paragraph (1) (d) and substituting the following
        paragraph:

"(d) The company shall duly appoint a public officer when and as often as such
an appointment becomes necessary.";
(d) by inserting in paragraph (1) (g) "refusal or" before "failure"; and

   (e)  by adding at the end thereof the following sub-sections:

"(3) A person is not capable of being a public officer of a company at a
particular time unless the person-

   (a)  is a natural person who has attained the age of 18 years;

   (b)  is ordinarily resident-

        (i)    in the case of a company that-

                (A)  at that time carries on business solely or principally in
                     a prescribed Territory (in this paragraph referred to as
                     the 'relevant prescribed Territory'); or

                (B)  at that time does not carry on business solely or
                     principally in a prescribed Territory, but derived not
                     less than 50% of its income from sources in Australia and
                     the prescribed Territories from sources in a particular
                     prescribed Territory (in this paragraph referred to as
                     the 'relevant prescribed Territory') during the year
                     immediately preceding that time,
in Australia or the relevant prescribed Territory; or

        (ii)   in any other case-in Australia; and

   (c)  is capable of understanding the nature of the person's appointment as
        the public officer of the company.

"(4) A company that contravenes paragraph (1) (d) is, in respect of each day
on which it contravenes that paragraph (including the day of a conviction of
an offence against this sub-section or any subsequent day), guilty of an
offence punishable on conviction by a fine not exceeding $50.

"(5) A reference in sub-section (1) (other than in paragraph (a)) to this Act
or the regulations includes a reference to Part III of the Taxation 
Administration Act 1953 to the extent to which that Part of that Act relates
to this Act or the regulations.

"(6) In sub-section (3)-
'Australia' does not include a prescribed Territory;
'prescribed Territory' means an external Territory referred to in sub-section
7A (2).".