Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 326

326. Section 12 of the Principal Act is amended-

   (a)  by omitting paragraph (a) and substituting the following paragraph:

"(a) the Commissioner has-

        (i)    in respect of an amount of relevant tax, being relevant tax of
               the kind referred to in paragraph (a) of the definition of
               'relevant tax' in sub-section 3 (1), that is payable, or will
               become payable, by a person (in this sub-section (other than in
               sub-paragraph (ii)) referred to as the 'applicable amount'),
               entered into an agreement or arrangement with the person before
               the commencement of the Income Tax Assessment Act (No. 6) 1982,
               or otherwise indicated the Commissioner's intention to the
               person before the commencement of that Act, to remit the whole
               or a part of any additional tax payable under sub-section 207
               (1) of the Income Tax Assessment Act 1936 in respect of a part
               of the applicable amount on condition that another part of the
               applicable amount is paid by the person to the Commissioner
               within a particular period of time; or

        (ii)   in respect of an amount of relevant tax, being relevant tax of
               a kind referred to in paragraph (f), (h), (j), (k), (m), (n) or
               (p) of the definition of 'relevant tax' in sub-section 3 (1),
               that is payable, or will become payable, by a person (in this
               sub-section (other than in sub-paragraph (i)) also referred to
               as the 'applicable amount'), entered into an agreement or
               arrangement with the person before the commencement of section
               10A, or otherwise indicated to the person an intention before
               the commencement of that section, to remit the whole or a part
               of any additional amount, additional duty or additional tax, as
               the case requires, payable under a relevant provision in
               respect of a part of the applicable amount on condition that
               another part of the applicable amount is paid by the person to
               the Commissioner within a particular period of time;"; and

   (b)  by adding at the end thereof the following sub-section:

"(2) In sub-paragraph (1) (a) (ii), 'relevant provision' means-

   (a)  sub-section 81 (1) of the Australian Capital Territory Taxation
        (Administration) Act 1969;
     (b)   sub-section 31 (1) or (2) of the Estate Duty Assessment Act 1914 ;


   (c)  section 27 of the Gift Duty Assessment Act 1941;

   (d)  sub-section 27 (1) of the Pay-roll Tax (Territories) Assessment Act
        1971;

   (e)  sub-section 29 (1) of the Sales Tax Assessment Act (No. 1) 1930
(including that sub-section as applied by Part V of the Sales Tax Assessment
Act (No. 2) 1930, Part V of the Sales Tax Assessment Act (No. 3) 1930, Part V
of the Sales Tax Assessment Act (No. 4) 1930, Part V of the Sales Tax
Assessment Act (No. 5) 1930, Part V of the Sales Tax Assessment Act (No. 6)
1930, Part V of the Sales Tax Assessment Act (No. 7) 1930, Part V of the Sales
Tax Assessment Act (No. 8) 1930 or Part V of the Sales Tax Assessment Act (No.
9) 1930);

   (f)  sub-section 18 (1) of the Tobacco Charges Assessment Act 1955; and

   (g)  sub-section 38 (1) of the Wool Tax (Administration) Act 1964,
being that sub-section as in force at any time before the commencement of this
sub-section.".