No. 40 of 1997
Version incorporating amendments as at
1 January
2025
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Version No. 088
Taxation Administration Act 1997
No. 40 of 1997
Version incorporating amendments as at
1 January
2025
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 10 April 1997
Legislative Council: 30 April 1997
The long title for the Bill for this Act was "to make general provision for the administration and enforcement of taxation laws, to make consequential amendments to other Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 10 April 1997
Legislative Council: 30 April 1997
Absolute majorities:
Legislative Assembly: 30 April 1997
Legislative Council: 14 May 1997
The Taxation Administration Act 1997 was assented to on 3 June 1997 and came into operation as follows:
Part 1 (sections 1–6) on 3 June 1997: section 2(1); rest of Act on 1 July 1997: Government Gazette 12 June 1997 page 1330.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Taxation Administration Act 1997 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
State Taxation (Amendment) Act 1997, No. 86/1997
Assent Date: |
2.12.97 |
Commencement Date: |
S. 28(2) on 3.6.97: s. 2(3); s. 27 on 1.7.97: s. 2(5); s. 28(1) on 2.12.97: s. 2(1) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Audit (Amendment) Act 1997, No. 93/1997
Assent Date: |
16.12.97 |
Commencement Date: |
S. 28(Sch. item 30) on 1.7.98: s. 2(2) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: |
26.5.98 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation (Amendment) Act 1998, No. 48/1998
Assent Date: |
26.5.98 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: |
2.6.98 |
Commencement Date: |
S. 311(Sch. 1 item 89) on 1.7.98: Government Gazette 18.6.98 p. 1512 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation (Further Amendment) Act 1998, No. 103/1998
Assent Date: |
1.12.98 |
Commencement Date: |
Ss 28, 29, 31 on 1.12.98: s. 2(1); ss 27, 30 on 1.2.99: Government Gazette 21.1.99 p. 80 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Commonwealth Places (Mirror Taxes Administration) Act 1999, No. 34/1999 (as amended by No. 74/2000)
Assent Date: |
8.6.99 |
Commencement Date: |
S. 19(Sch. item 5) on 30.1.01: Special Gazette (No. 8) 30.1.01 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts (Amendment) Act 1999, No. 47/1999
Assent Date: |
8.6.99 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Audit (Amendment) Act 1999, No. 53/1999
Assent Date: |
14.12.99 |
Commencement Date: |
S. 26(Sch. item 23) on 1.1.00: Government Gazette 23.12.99 p. 2764 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Duties Act 2000, No. 79/2000 (as amended by No. 46/2001)
Assent Date: |
28.11.00 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts (Further Miscellaneous Amendments) Act 2001, No. 10/2001
Assent Date: |
8.5.01 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
Assent Date: |
8.5.01 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: |
27.6.01 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Legislation (Amendment) Act 2001, No. 79/2001
Assent Date: |
27.11.01 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts (Further Miscellaneous Amendments) Act 2003, No. 113/2003
Assent Date: |
9.12.03 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts (Tax Reform) Act 2004, No. 46/2004
Assent Date: |
16.6.04 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Public Administration Act 2004, No. 108/2004
Assent Date: |
21.12.04 |
Commencement Date: |
S. 117(1)(Sch. 3 item 200) on 5.4.05: Government Gazette 31.3.05 p. 602 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts (General Amendment) Act 2005, No. 36/2005
Assent Date: |
28.6.05 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Congestion Levy Act 2005, No. 74/2005
Assent Date: |
2.11.05 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Land Tax Act 2005, No. 88/2005
Assent Date: |
29.11.05 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Legislation (Miscellaneous Amendments) Act 2006, No. 84/2006
Assent Date: |
10.10.06 |
Commencement Date: |
S. 17(1) on 1.1.06: s. 2(2); ss 16, 17(2)(3), 18 on 11.10.06: s. 2(1) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Payroll Tax Act 2007, No. 26/2007
Assent Date: |
26.6.07 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment Act 2007, No. 33/2007
Assent Date: |
24.7.07 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Further Amendment Act 2008, No. 84/2008
Assent Date: |
11.12.08 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Further Amendment Act 2009, No. 83/2009
Assent Date: |
8.12.09 |
Commencement Date: |
Ss 30–37 on 9.12.09: s. 2(4); ss 23–29 on 1.3.10: Government Gazette 18.2.10 p. 288 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Fire Services Funding (Feasibility Study) Act 2009, No. 86/2009
Assent Date: |
15.12.09 |
Commencement Date: |
|
Current State: |
All of Act in operation |
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: |
2.3.10 |
Commencement Date: |
S. 203(1)(Sch. 6 item 45) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010
Assent Date: |
1.6.10 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment Act 2010, No. 36/2010
Assent Date: |
15.6.10 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment Act 2011, No. 28/2011
Assent Date: |
21.6.11 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Further Amendment Act 2011, No. 69/2011
Assent Date: |
29.11.11 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation and Other Acts Amendment Act 2012, No. 76/2012
Assent Date: |
4.12.12 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013
Assent Date: |
13.3.13 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Tax Laws Amendment (Budget and Other Measures) Act 2013, No. 41/2013
Assent Date: |
28.6.13 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation and Financial Legislation Amendment Act 2013, No. 69/2013
Assent Date: |
19.11.13 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: |
25.3.14 |
Commencement Date: |
S. 160(Sch. 2 item 96) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: |
3.6.14 |
Commencement Date: |
S. 10(Sch. item 165) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014
Assent Date: |
17.6.14 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Back to Work Act 2015, No. 3/2015 (as amended by No. 26/2015)
Assent Date: |
25.3.15 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Justice Legislation Amendment Act 2015, No. 20/2015
Assent Date: |
16.6.15 |
Commencement Date: |
S. 56(Sch. 1 item 12) on 17.6.15: s. 2(3) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment Act 2015, No. 26/2015
Assent Date: |
29.6.15 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation and Other Acts Amendment Act 2016, No. 40/2016
Assent Date: |
28.6.16 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Victorian Planning Authority Act 2017, No. 11/2017
Assent Date: |
27.3.17 |
Commencement Date: |
Ss 101, 102 on 1.7.17: Special Gazette (No. 150) 16.5.17 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment Act 2017, No. 28/2017
Assent Date: |
27.6.17 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Commercial Passenger Vehicle Industry Act 2017, No. 35/2017 (as amended by No. 63/2017)
Assent Date: |
22.8.17 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017
Assent Date: |
19.12.17 |
Commencement Date: |
S. 21(Sch. 1 item 9) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Further Amendment Act 2017, No. 67/2017
Assent Date: |
19.12.17 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: |
27.2.18 |
Commencement Date: |
S. 68(Sch. 2 item 123) on 1.3.19: s. 2(2) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Gambling Regulation Amendment (Wagering and Betting) Act 2018, No. 47/2018
Assent Date: |
25.9.18 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
Assent Date: |
2.7.19 |
Commencement Date: |
S. 189 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Transport Legislation Amendment Act 2019, No. 49/2019
Assent Date: |
3.12.19 |
Commencement Date: |
S. 186(Sch. 4 item 40) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment (Relief Measures) Act 2020, No. 14/2020
Assent Date: |
28.4.20 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment Act 2020, No. 47/2020
Assent Date: |
15.12.20 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation and Mental Health Acts Amendment Act 2021, No. 22/2021
Assent Date: |
16.6.21 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021, No. 52/2021 (as amended by No. 23/2022)
Assent Date: |
30.11.21 |
Commencement Date: |
Ss 70, 75–80 on 1.12.21: s. 2(1); ss 71–74 on 15.4.22: s. 2(2); ss 81–94 on 1.7.23: s. 2(3) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022
Assent Date: |
18.5.22 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation and Treasury Legislation Amendment Act 2022, No. 23/2022
Assent Date: |
15.6.22 |
Commencement Date: |
Ss 31–35 on 16.6.22: s. 2(1); s. 22(1)(2) on 1.7.22: s. 2(2) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Casino and Liquor Legislation Amendment Act 2022, No. 26/2022
Assent Date: |
28.6.22 |
Commencement Date: |
S. 61 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1 |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Gambling Taxation Act 2023, No. 14/2023
Assent Date: |
6.6.23 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Acts Amendment Act 2023, No. 18/2023
Assent Date: |
27.6.23 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Transport Legislation Amendment Act 2023, No. 34/2023
Assent Date: |
21.11.23 |
Commencement Date: |
S. 127(Sch. 1 item 16) on 22.11.23: s. 2(1) |
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Commercial and Industrial Property Tax Reform Act 2024, No. 16/2024
Assent Date: |
21.5.24 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Amendment Act 2024, No. 22/2024
Assent Date: |
4.6.24 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
Short Stay Levy Act 2024, No. 40/2024
Assent Date: |
29.10.24 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
State Taxation Further Amendment Act 2024, No. 50/2024
Assent Date: |
3.12.24 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Taxation Administration Act 1997 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 30: The following table contains a summary of the provisions of sections 30, 31 and 32—
|
% |
Voluntary Disclosure Before Investigation % |
Voluntary Disclosure During Investigation % |
Concealment or Hindrance in Establishing Under Payment % |
Failure to take reasonable care but no intentional disregard of the law |
25 |
5 |
20 |
30 |
Intentional disregard of the law |
75 |
15 |
60 |
90 |
[4] S. 75(2): Sections 84 and 85 deal with retention of possession and return of documents and things produced or provided to the Commissioner or another authorised officer.
[5] S. 111: Part 5 of the Victorian Civil and Administrative Tribunal Act 1998 provides for appeals from the Tribunal to the Supreme Court or the Court of Appeal on questions of law and section 96 of that Act provides for the Tribunal to refer questions of law to the Supreme Court or Court of Appeal.
[6] S. 114(2)(a): See note 5.