Trust Recoupment Tax (Consequential Amendments) Act 1985

No. 4 of 1985

An Act to make certain amendments consequent upon the enactment of the Trust Recoupment Tax Assessment Act 1985

[Assented to 29 March 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Trust Recoupment Tax (Consequential Amendments) Act 1985.

Commencement

2. This Act shall come into operation on the day on which the Trust Recoupment Tax Assessment Act 1985 comes into operation.

PART II—AMENDMENT OF THE ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977

Principal Act

3. The Administrative Decisions (Judicial Review) Act 19771 is in this Part referred to as the Principal Act.

Schedule 1

4. Schedule 1 to the Principal Act is amended by inserting in paragraph (e) “Trust Recoupment Tax Assessment Act 1985” before “Wool Tax (Administration) Act 1964”.

PART III—AMENDMENT OF THE LOCAL GOVERNMENT (PERSONAL INCOME TAX SHARING) ACT 1976

Principal Act

5. The Local Government (Personal Income Tax Sharing) Act 19762 is in this Part referred to as the Principal Act.

Interpretation

6. Section 3 of the Principal Act is amended—

(a) by omitting “and” (last occurring) from paragraph (a) of the definition of “gross personal income tax collections” in sub-section (1);

(b) by adding at the end of that definition the following word and paragraph:

“and (c) amounts received by the Commissioner during the year in respect of liability for trust recoupment tax;”;

(c) by omitting “or” (last occurring) from paragraph (a) of the definition of “refund of personal income tax” in sub-section (1);

(d) by adding at the end of that definition the following word and paragraph:

“or (c) a refund made by the Commissioner during the year on account of trust recoupment tax;”; and

(e) by inserting after the definition of “trustee” in sub-section (1) the following definition:

“‘trust recoupment tax’ means trust recoupment tax, late payment tax, applied penalty tax and penalty tax, as defined by sub-section 3 (1) of the Trust Recoupment Tax Assessment Act 1985”.

PART IV—AMENDMENT OF THE STATES (TAX SHARING AND HEALTH GRANTS) ACT 1981

Principal Act

7. The States (Tax Sharing and Health Grants) Act 19813 is in this Part referred to as the Principal Act.

Schedule 1

8. Schedule 1 to the Principal Act is amended by adding at the end thereof the following item:

“Tax collected under the Trust Recoupment  Commissioner of Taxation”. Tax Assessment Act 1985

PART V—AMENDMENT OF THE TAXATION ADMINISTRATION ACT 1953

Principal Act

9. The Taxation Administration Act 19534 is in this Part referred to as the Principal Act.

Interpretation

10. Section 8j of the Principal Act is amended by inserting in paragraph (2) (k) “or of the Trust Recoupment Tax Assessment Act 1985” after “1982”.

Penalty taxes to be alternative to prosecution for certain offences

11. Section 8ze of the Principal Act is amended by inserting in paragraph (3) (e) “or of the Trust Recoupment Tax Assessment Act 1985” after “1982”.

PART VI—AMENDMENT OF THE TAXATION (INTEREST ON OVERPAYMENTS) ACT 1983

Principal Act

12. The Taxation (Interest on Overpayments) Act 19835 is in this Part referred to as the Principal Act.

Interpretation

13. Section 3 of the Principal Act is amended—

(a) by omitting “or” (last occurring) from sub-paragraph (a) (i) of the definition of “objection” in sub-section (1);

(b) by adding at the end of paragraph (a) of that definition the following word and sub-paragraph:

“or (iii) sub-section  4 (1)  of the  Trust Recoupment  Tax Assessment Act 1985;”; and

(c) by inserting after paragraph (c) of the definition of “relevant tax” in sub-section (1) the following paragraph:

“(ca) trust recoupment tax, applied penalty tax or penalty tax, as defined in sub-section 3 (1) of the Trust Recoupment Tax Assessment Act 1985”.

NOTES

1. No. 59, 1977, as amended. For previous amendments, see No. 66, 1978; No. 111, 1980; Nos. 111, 115, 122, 137, 140 and 153, 1982; Nos. 62 and 146, 1983; and No. 76, 1984.

2. No. 123, 1976, as amended. For previous amendments, see No. 93, 1977; No. 127, 1979; No. 25, 1980; No. 100, 1981; and Nos. 71 and 123, 1984.

3. No. 99, 1981, as amended. For previous amendments, see Nos. 8 and 94, 1982; Nos. 31, 51 and 53, 1983; and No. 70, 1984.

4. No. 1, 1953, as amended. For previous amendments, see Nos. 28, 39, 40 and 52, 1953; No. 18, 1955; No. 39, 1957; No. 95, 1959; No. 17, 1960; No. 75, 1964; No. 155, 1965; No. 93, 1966; No. 120, 1968; No. 216, 1973; No. 133, 1974; No. 37, 1976; Nos. 19 and 59, 1979; Nos. 39 and 117, 1983; and No. 123, 1984.

5. No. 12, 1983, as amended. For previous amendments, see No. 123, 1984.

[Minister’s second reading speech made in—

House of Representatives on 22 February 1985
Senate on 28 February 1985]