Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 38

38. Section 32 of the Principal Act is amended-

   (a)  by inserting after paragraph (a) the following paragraph:

"(aa) in a case where the variation of the assessment results in a reduction
of tax-the amount by which the tax is so reduced shall be taken, for the
purposes of section 36, never to have been payable;";

   (b)  by omitting paragraph (c) and substituting the following paragraph:

"(c) the Commissioner shall-

        (i)    refund the amount of any tax overpaid as a result of the
               variation of the assessment; or

        (ii)   apply the amount of any tax overpaid as a result of the
               variation of the assessment against any liability of the person
               to the Commonwealth and refund any part of the amount that is
               not so applied"; and

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

"(2) In sub-section (1), unless the contrary intention appears, tax includes
additional tax under section 17 or 36.".