Commonwealth Numbered Regulations - Explanatory Statements

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TAXATION LEGISLATION AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 36 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 36

Issued by authority of the Assistant Treasurer

Taxation Administration Act 1953

Income Tax Assessment Act 1936

Taxation Legislation Amendment Regulations 2011 (No. 1)

Section 18 of the Taxation Administration Act 1953 (TAA 1953), in part, provides that the Governor-General may make regulations, not inconsistent with the TAA 1953, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the TAA 1953.

Section 266 of the Income Tax Assessment Act 1936 provides, in part, that the Governor-General may make regulations not inconsistent with that Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to that Act.

The purpose of these Regulations is to remove provisions from the Taxation Administration Regulations 1976 and the Income Tax Assessment Regulations 1936 that are redundant as a consequence of the commencement of the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 on 17 December 2010.  That Act standardised tax secrecy and disclosure provisions from 18 Acts into one framework in the TAA 1953. 

The Regulations remove redundant provisions regarding:

•                 references to Royal Commissions prescribed as part of the definition of 'eligible Royal Commission' in subsection 2(1) of the TAA 1953 that was repealed through consequential amendments; and

•                 oaths and declarations, which are no longer required as the new secrecy provisions allow the Commissioner of Taxation to determine the form of oaths to be taken by taxation officers. 

The details of these Regulations were not subject to public consultation as they make only minor changes and are a consequence of extensive public consultation undertaken on the consolidation and simplification of the tax law secrecy and disclosure provisions.  

The Acts specified no conditions to be satisfied before the power to make these Regulations was exercised.  These Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).

These Regulations commence on 17 December 2010.  The retrospective commencement does not cause detriment to any person or contravene subsection 12 (2) of the LIA.  

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