Taxation Laws Amendment Act (No. 2) 1985
No. 123 of 1985
An Act to amend the law relating to taxation
[Assented to 28 October 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 Taxation Laws Amendment Act (No. 2) 1985.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
PART II—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969
Principal Act
3. The Australian Capital Territory Taxation (Administration) Act 19691 is in this Part referred to as the Principal Act.
Secrecy
4. Section 7 of the Principal Act is amended—
(a) by adding at the end of paragraph (2) (a) “or”;
(b) by omitting from paragraph (2) (b) “function; or” and substituting “function.”;
(c) by omitting paragraph (2) (c); and
(d) by adding at the end the following sub-section:
“(3) For the purposes of this section, a person who, although not employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”.
PART III—AMENDMENTS OF THE BANK ACCOUNT DEBITS TAX ADMINISTRATION ACT 1982
Principal Act
5. The Bank Account Debits Tax Administration Act 19822 is in this Part referred to as the Principal Act.
Secrecy
6. Section 7 of the Principal Act is amended—
(a) by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”;
(b) by adding at the end of paragraph (4) (a) “or”;
(c) by omitting from paragraph (4) (b) “duty; or” and substituting “duty.”; and
(d) by omitting paragraph (4) (c).
PART IV—AMENDMENTS OF THE GIFT DUTY ASSESSMENT ACT 1941
Principal Act
7. The Gift Duty Assessment Act 19413 is in this Part referred to as the Principal Act.
Officers to observe secrecy
8. Section 10 of the Principal Act is amended—
(a) by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs
services for the Commonwealth shall be taken to be employed by the Commonwealth.”;
(b) by omitting from sub-section (2) “any such information so acquired by him” and substituting “any information respecting the affairs of another person acquired by the officer as mentioned in sub-section (1)”;
(c) by omitting paragraph (4) (c); and
(d) by omitting from paragraph (4) (ca) “State Act, or law of any country outside Australia,” and substituting “law of a foreign country”.
PART V—AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936
Principal Act
9. The Income Tax Assessment Act 19364 is in this Part referred to as the Principal Act.
Officers to observe secrecy
10. Section 16 of the Principal Act is amended—
(a) by omitting from sub-section (1a) “the definition of ‘officer’ in sub-section (1)” and substituting “this section”; and
(b) by omitting paragraph (4) (c).
Exemptions
11. Section 23 of the Principal Act is amended—
(a) by omitting from sub-paragraph (g) (ii) “or” (last occurring); and
(b) by adding at the end of paragraph (g) the following word and sub-paragraph:
“or (iv) a society, association or club established for the encouragement or promotion of animal races;”.
Interpretation
12. Section 27a of the Principal Act is amended by inserting “as in force at any time before the commencement of the Taxation Laws Amendment Act (No. 2) 1985” after “section 159n” in sub-paragraph (a) (ii) of the definition of “undeducted purchase price” in sub-section (1).
13. After section 74 of the Principal Act the following section is inserted:
Election expenses of candidates for local governments, &c.
“74a. (1) In this section—
‘eligible election expenditure’, in relation to a taxpayer, means expenditure incurred by the taxpayer, in the year of income that commenced on 1 July 1985 or a subsequent year of income—
(a) in being elected as a member; or
(b) in contesting an election for membership,
of a local governing body or the Australian Capital Territory House of Assembly;
‘local governing body’ means a local governing body established by or under a law of a State or Territory;
‘non-deductible amount’, in relation to a taxpayer in respect of an election as at the end of a year of income, means the total eligible election expenditure incurred by the taxpayer before the end of the year of income in respect of the election (including any such expenditure incurred in any preceding year of income) reduced by—
(a) all deductions allowed or allowable to the taxpayer under this section, in the year of income or a preceding year of income, in respect of that expenditure; and
(b) all amounts that have been applied under sub-section (5) in preceding years of income in reduction of amounts that would otherwise have been included in the assessable income of the taxpayer in respect of the election;
‘unused deduction limit’, in relation to a taxpayer in respect of an election as at the end of a year of income, means—
(a) where neither paragraph (b) nor (c) applies—$1,000;
(b) where—
(i) in a preceding year of income or preceding years of income, a deduction or deductions are allowable or have been allowed to the taxpayer under this section in respect of the election; and
(ii) paragraph (c) does not apply,
$1,000 reduced by the amount of that deduction or the sum of the amounts of those deductions; or
(c) where—
(i) in a preceding year of income or preceding years of income, a deduction or deductions are allowable or have been allowed to the taxpayer under this section in respect of the election; and
(ii) an amount or amounts have been included in the assessable income of the taxpayer of a preceding year of income or preceding years of income under sub-section (4) in respect of the election,
$1,000 reduced by the amount (if any) by which the amount of the deduction, or the sum of the amounts of the deductions, referred to in sub-paragraph (i) exceeds the amount, or the sum of the amounts, included in assessable income as mentioned in sub-paragraph (ii).
“(2) Subject to sub-section (3), eligible election expenditure incurred by a taxpayer in a year of income is an allowable deduction.
“(3) The deduction allowable to a taxpayer under this section in a year of income in respect of expenditure incurred in respect of an election shall not exceed the unused deduction limit in respect of the election as at the end of the year of income.
“(4) Subject to sub-section (5), where in a year of income the whole or any part of eligible election expenditure incurred by a taxpayer—
(a) is reimbursed to the taxpayer; or
(b) is paid for the taxpayer by any other person or by an organisation,
the assessable income of the taxpayer of the year of income shall include the amount reimbursed or paid.
“(5) The amount to be included under sub-section (4) in the assessable income of a taxpayer of a year of income in respect of an election shall be reduced by the non-deductible amount (if any) in relation to the taxpayer in respect of the election as at the end of the year of income.”.
Gifts, calls on afforestation shares, pensions, &c.
14. Section 78 of the Principal Act is amended by inserting after sub-paragraph (1) (a) (lxxxi) the following sub-paragraphs:
“;(lxxxii) the Australian Academy of the Humanities for the Advancement of Scholarship in Language, Literature, History, Philosophy and the Fine Arts;
(lxxxiii) the Royal Australian and New Zealand College of Psychiatrists,”.
Deductions for expenses of self-education
15. Section 82a of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
“(2) In this section—
‘educational assistance’ means amounts (other than amounts in the nature of an allowance for maintenance or accommodation) payable under a scheme for the provision by the Commonwealth of assistance for secondary education, technical or tertiary education or postgraduate study;
‘expenses of self-education’ means expenses necessarily incurred by the taxpayer for or in connection with a prescribed course of education;
‘net amount of expenses of self-education’ means the amount ascertained by subtracting from the total amount of expenses of self-education incurred by the taxpayer in the year of income the sum of—
(a) any payment or payments of educational assistance that were capable of being claimed in the year of income by the taxpayer or by another person in respect of the taxpayer other than—
(i) a payment the amount of which has been, or will be, included in the assessable income of the taxpayer of any year of income; or
(ii) a payment that was capable of being claimed in a preceding year of income; and
(b) any payment or payments (other than a payment the amount of which has been, or will be, included in the assessable income of the taxpayer of any year of income) received by the taxpayer, or that the taxpayer was entitled to receive, in the year of income, from the taxpayer’s employer, or from any other person, in respect of—
(i) expenses of self-education that were incurred by the taxpayer during the year of income; or
(ii) expenses of self-education in respect of which a deduction has been allowed, or is allowable, or in respect of which a rebate of tax has been allowed, or is allowable, in an assessment in respect of income derived by the taxpayer in a preceding year of income;
‘prescribed course of education’ means a course of education provided by a school, college, university or other place of education, and undertaken by the taxpayer for the purpose of gaining qualifications for use in the carrying on of a profession, business or trade or in the course of any employment.”.
Deduction for contributions to fund for employees
16. Section 82aac of the Principal Act is amended by adding at the end the following sub-section:
“(3) A deduction is not allowable under this Subdivision in respect of an amount or amounts paid to a fund in a year of income, being the year of income commencing on 1 July 1985 or a subsequent year of income, if section 121cc applies to the fund in relation to the year of income.”.
Deductions for superannuation contributions by eligible persons
17. Section 82aat of the Principal Act is amended—
(a) by omitting from sub-section (1) “sub-section (2)” and substituting “this section”;
(b) by omitting from sub-section (2) “$1,200” and substituting “$1,500”; and
(c) by adding at the end the following sub-section:
“(3) A deduction is not allowable under this section in respect of an amount or amounts paid to a fund in a year of income, being the year of income commencing on 1 July 1985 or a subsequent year of income, if section 121cc applies to the fund in relation to the year of income.”.
Interpretation
18. Section 82kh of the Principal Act is amended—
(a) by adding “or” at the end of paragraph (s) of the definition of “relevant expenditure” in sub-section (1);
(b) by omitting paragraph (t) of the definition of “relevant expenditure” in sub-section (1); and
(c) by omitting paragraph (1ad) (b).
Interpretation
19. Section 121b of the Principal Act is amended by inserting after the definition of “ineligible approved deposit fund” the following definition:
“‘investment income’, in relation to a superannuation fund to which section 121cc applies in relation to the year of income, means the income of the fund that, but for section 23f or 23fb, would be assessable income, other than contributions to the fund, calculated as if the trustee of the fund were a taxpayer in respect of that income, being a resident, less all amounts that would be allowable deductions (other than the concessional deductions and deductions in respect of benefits) if that income were assessable income;”.
20. After section 121b of the Principal Act the following section is inserted:
Limitation of exemption from tax of income of certain superannuation funds
“121c. (1) In this section, unless the contrary intention appears—
‘agreement’ means any agreement, arrangement or understanding whether formal or informal, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings;
‘associate’ has the same meaning in relation to a person as that expression has in relation to a person in section 26aab;
‘employee’, in relation to a company, includes a director of the company;
‘in-house asset’, in relation to a superannuation fund, means an asset of the fund that consists of a loan to, or an investment in, an employer sponsor of the fund or an associate of an employer sponsor of the fund, but, in a case where an employer sponsor of the fund is a life assurance company and the contributions made by the employer sponsor are in respect of an employee, or dependants of an employee, of the employer sponsor, does not include an asset consisting of a life policy on the life of that employee;
‘investment’ means any mode of application of money for the purpose of gaining interest, income or profit;
‘life assurance company’ means—
(a) a company registered under section 19 of the Life Insurance Act 1945; or
(b) a public authority constituted by a law of a State or Territory, being a public authority that carries on life business within the meaning of that expression in sub-section 4 (1) of the Life Insurance Act 1945;
‘life policy’ has the same meaning as in sub-section 4 (1) of the Life Insurance Act 1945;
‘superannuation fund’ means a provident, benefit, superannuation or retirement fund to which section 23f or 23fb applies in relation to the year of income.
“(2) Where an employee has, or dependants of an employee have, a right to receive benefits from a superannuation fund—
(a) an employer of the employee;
(b) a company in which an employer of the employee has a controlling interest; and
(c) if an employer of the employee is a company—a person who is connected with that company,
who contributes to the fund in respect of the employee or dependants of the employee shall be taken, for the purpose of this section, to be an employer sponsor of the fund.
“(3) For the purposes of paragraph (2) (c), a person is connected with a company that is an employer of an employee if, and only if—
(a) the person has a controlling interest in the employer;
(b) the person is a company in which a controlling interest is held by a person who also has a controlling interest in the employer; or
(c) the person is a beneficial owner of shares in the employer.
“(4) The investment income of a superannuation fund derived during the year of income, being a superannuation fund that was established after 11 March 1985, is not exempt from income tax by virtue of section 23f or 23fb unless, at all times during the year of income, the cost of the in-house assets of the fund did not exceed 10% of the cost of all the assets of the fund.
“(5) The investment income of a superannuation fund derived during the year of income, being a superannuation fund that was established before 12 March 1985, is not exempt from income tax by virtue of section 23f or 23fb unless, at all times during the year of income, the cost of the in-house assets of the fund did not exceed—
(a) in the case of the year of income commencing on 1 July 1994 or a preceding year of income—
(i) the cost of the in-house assets of the fund as at 11 March 1985; or
(ii) 10% of the cost of all the assets of the fund,
whichever is the greater; and
(b) in any other case—10% of the cost of all the assets of the fund.
“(6) Where the cost of the in-house assets of a superannuation fund as at 11 March 1985 exceeded 70% of the cost of all the assets of the fund, the cost of the in-house assets of the fund as at 11 March 1985 shall be
deemed, for the purposes of sub-paragraph (5) (a) (i), to be equal to 70% of the cost of all the assets of the fund as at 11 March 1985.
“(7) For the purposes of this section, the Commissioner shall disregard any failure of the assets of a superannuation fund to comply with the maximum levels of in-house assets specified in sub-section (4) or (5) if the Commissioner is satisfied—
(a) that the trustee of the fund made a genuine and bona fide attempt to ensure that the in-house assets of that fund did not exceed, at any time during that year of income, the levels so specified; or
(b) that the failure was by reason of a temporary delay in investment,
and that, in all the circumstances, it would be reasonable to disregard that failure.
“(8) This section does not apply, in relation to a year of income, to a superannuation fund where—
(a) the terms and conditions applicable to the fund did not, at any time during that year of income, make provision for benefits for residents; and
(b) no deductions have been allowed or are allowable in the assessment of the taxable income of any taxpayer in respect of contributions made to the fund during that year of income.
“(9) For the purposes of this section, where, in relation to a year of income, the investment income of a superannuation fund consists of, or includes, a portion of the income arising from certain assets—
(a) those assets shall be deemed to be assets of the fund; and
(b) the cost of those assets shall, in relation to any time during that year of income, be such amount as, in the opinion of the Commissioner, is reasonable in the circumstances.
“(10) Where—
(a) a particular asset of a superannuation fund was acquired without consideration or for consideration other than the value of the asset when it was acquired; or
(b) the whole or a part of the consideration for which a particular asset of a superannuation fund was acquired was other than money,
the cost of that asset shall, for the purposes of this section, be such amount as, in the opinion of the Commissioner, is reasonable in the circumstances.
“(11) Where—
(a) but for this sub-section, an asset of a superannuation fund consists of a loan, or investment, other than an in-house asset;
(b) that loan or investment was made as the result of the entering into or carrying out of an agreement; and
(c) any of the persons who entered into or carried out the agreement did so for the purpose, or for purposes that included the purpose,
of achieving the result that a loan or investment would be made to or in, or to or in an associate of, an employer sponsor of the fund,
the asset is an in-house asset of the fund for the purposes of this section.
“(12) Where—
(a) an asset of a superannuation fund consists of a loan to, or investment in, a person other than—
(i) an employer sponsor of the fund; or
(ii) an associate of an employer sponsor of the fund;
(b) the person has a financial link with an employer sponsor of the fund or an associate of an employer sponsor of the fund; and
(c) sub-section (11) does not apply in relation to the asset,
the cost of the in-house assets of the fund shall be deemed, for the purposes of this section, to be increased by such amount (if any) as, in the opinion of the Commissioner, is reasonable in the circumstances.
“(13) For the purposes of sub-section (12) and this sub-section—
(a) a person has a financial link with a second person if an asset of the first-mentioned person consists of a loan to, or an investment in, the second person; and
(b) a person has a financial link with a second person if the first-mentioned person has a financial link with a third person who has a financial link with the second person (including a financial link with the second person by another application or other applications of this paragraph).
“(14) Subject to sub-section (15), the cost of the in-house assets of a superannuation fund shall be deemed, for the purposes of this section, to be increased by an amount equal to the sum of—
(a) the amount of any subsisting guarantee given by the trustee of the fund (whether jointly or otherwise) in relation to, or in relation to an associate of, an employer sponsor of the fund;
(b) the amount of any subsisting mortgage given in respect of an asset of the fund for the benefit of, or for the benefit of an associate of, an employer sponsor of the fund (whether or not the mortgage was also given for the benefit of other persons); and
(c) the amount of payments by way of calls in respect of shares in, or in an associate of, an employer sponsor of the fund, that the trustee of the fund is, or could become, liable to pay (whether jointly or otherwise).
“(15) Where—
(a) the trustee of a superannuation fund could become liable (whether jointly or otherwise) to pay an amount by way of calls in respect of shares in, or in an associate of, an employer sponsor of the fund; and
(b) the Commissioner is satisfied that the assets of the employer sponsor or the associate of the employer sponsor, as the case may be, are
sufficient to enable it to pay any debts that it has incurred, or is reasonably likely to incur, without requiring any of those calls to be paid,
the Commissioner may determine that the amount referred to in paragraph (a) shall be disregarded for the purposes of paragraph (14) (c).
“(16) Where—
(a) an employer of an employee is a company;
(b) the employee has, or dependants of the employee have, a right to receive benefits from a superannuation fund;
(c) the employee, or a dependant of the employee, is a beneficial owner of shares in the employer;
(d) an asset of the fund consists of a loan to the employee, or the dependant, referred to in paragraph (c); and
(e) but for this sub-section, the asset is an in-house asset of the fund,
the asset shall, for the purposes of this section, be deemed not to be an in-house asset of the fund if the Commissioner, having regard to—
(f) the amount of the loan;
(g) the value of the shares; and
(h) any other matters that the Commissioner considers relevant,
is satisfied that there are special circumstances by reason of which it would be reasonable to treat the asset as not being an in-house asset of the fund.
“(17) Nothing in sub-section (14), (15) or (16) shall be construed as permitting, by implication, the doing of an act or thing by or in relation to a superannuation fund that could not be done without contravening whichever of sections 23f or 23fb is applicable in relation to the fund.
“(18) Where a superannuation fund is in existence during part only of a year of income, this section has effect as if references to all times during the year of income were references to all times during the part of that year of income during which the superannuation fund was in existence.”.
Assessment of income of superannuation funds to which section 23f applies
21. Section 121ca of the Principal Act is amended by inserting “, or, but for section 121c, would be,” after “other than income that is”.
Assessment of income of superannuation funds established for benefit of employees and other persons
22. Section 121cb of the Principal Act is amended—
(a) by omitting “assessable”; and
(b) by inserting “, other than income that is, or, but for section 121c, would be, exempt from income tax by virtue of section 23fb,” after “fund in the year of income”.
23. After section 121cb of the Principal Act the following section is inserted:
Assessment of investment income of superannuation funds to which section 23f or 23fb applies
“121cc. The trustee of a superannuation fund to which section 23f or 23fb applies in relation to the year of income shall be assessed and is liable to pay tax, at the rate declared by the Parliament for the purposes of this section, upon the investment income of the fund of the year of income, to the extent to which that income is, by virtue of section 121c, not exempt from income tax.”.
Assessment of income of other superannuation funds
24. Section 121da of the Principal Act is amended by inserting “, 121cc” after “121cb”.
Assessment of income of certain superannuation funds
25. Section 121dab of the Principal Act is amended by omitting from paragraph (b) “or 121cb” and substituting “, 121cb or 121cc”.
Diverted income and diverted trust income
26. Section 121g of the Principal Act is amended—
(a) by omitting from paragraphs (4) (c), (5) (c) and (6) (c) “and”; and
(b) by inserting after paragraphs (4) (c), (5) (c) and (6) (c) the following paragraph:
“(d) if the taxpayer is the trustee of a provident, benefit, superannuation or retirement fund, the relevant amount is not taken into account in calculating the investment income of the fund of the year of income for the purposes of section 121cc; and”.
27. After Division 16c of the Principal Act the following Division is inserted in Part III:
“Division 16d—Certain arrangements relating to the use of property
Interpretation
“159ge. (1) In this Division—
‘arrangement’ includes—
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct whether unilateral or otherwise;
‘arrangement payment’, in relation to an arrangement relating to the use, or the control of the use, of an item of property, means so much of any payment liable to be made under the arrangement as represents consideration for any one or more of the following:
(a) the use of the item;
(b) the control of the use of the item;
(c) the sale or disposal of the item;
‘arrangement period’, in relation to an item of eligible property that is, or is included in, arrangement property in relation to an arrangement at a particular time, means the period that is at that time the total period during which the arrangement is likely to be in force in relation to that item of eligible property (including any period before that time when the arrangement was in force in relation to that item of eligible property);
‘arrangement property’ means property that is, or is to be, used, or the use of which is, or is to be, controlled, under an arrangement;
‘assessable arrangement payment’ means an arrangement payment that, apart from this Division, would be included in whole or in part in the assessable income of a taxpayer of a year of income;
‘associate’ means—
(a) in relation to a person other than an exempt public body—any person who is an associate, within the meaning of sub-section 26aab (14), in relation to the person; and
(b) in relation to an exempt public body—
(i) a partner of the exempt public body or a partnership in which the exempt public body is a partner;
(ii) if a person who is an associate of the exempt public body by virtue of sub-paragraph (i) is a natural person—the spouse or a child of that person;
(iii) a trustee of a trust estate where the exempt public body or another person who is an associate of the exempt public body by virtue of another sub-paragraph of this paragraph benefits or is capable (whether by the exercise of a power of appointment or otherwise) of benefiting under the trust, either directly or through any interposed companies, partnerships or trusts; or
(iv) a company where—
(a) the company is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the exempt public body, of a person who is an associate of the exempt public body by virtue of another sub-paragraph of this paragraph, of a company that is an associate of the exempt public body by virtue of another application of this subparagraph or of any 2 or more such persons; or
(b) the exempt public body is, the persons who are associates of the exempt public body by virtue of sub-sub-paragraph (a) and the other sub-paragraphs of this paragraph are, or the exempt public body and the persons who are associates of the exempt public body by virtue of that sub-sub-paragraph and those sub-paragraphs are, in a position to cast, or control the casting of, more than 50% of the maximum number of votes that might be cast at a general meeting of the company;
‘capital expenditure deduction’ means a deduction under Division 10, 10aaa, 10aa, 10a, 10c or 10d;
‘control’ means effectively control;
‘depreciation deduction’ means a deduction in respect of depreciation under Division 3;
‘Division 10, 10aa or 10a property’ means property in relation to which there has been incurred—
(a) allowable capital expenditure within the meaning of Division 10 or 10aa;
(b) expenditure taken into account in ascertaining an amount of residual capital expenditure specified in paragraph 122c (1) (a); or
(c) capital expenditure specified in sub-section 124f (1) or 124ja (1);
‘Division 10aaa property’ means property in relation to which there has been incurred capital expenditure to which Division 10aaa applies;
‘Division 10c or 10d property’ means property in relation to which there has been incurred qualifying expenditure within the meaning of Division 10c or 10d;
‘effective life’, in relation to an item of eligible property at a particular time, means the period (if any) that the Commissioner estimates will be, or would be, at that time the effective life of the property after that time assuming that it is or would be maintained in reasonably good order and condition;
‘eligible amount’, in relation to an item of eligible property, means—
(a) where the item is an item of eligible depreciation property—the amount that was the cost of the item of property to the taxpayer who owns the item for the purposes of sub-section 62 (1) or that would have been the cost of the item of property to the taxpayer for the purposes of that sub-section if that sub-section had applied in relation to the item of property, as the case requires; and
(b) where the item is an item of eligible capital expenditure property—any amount of eligible capital expenditure in relation to the item of property;
‘eligible capital expenditure’, in relation to an item of eligible capital expenditure property, means expenditure by reason of which the item of property is eligible capital expenditure property;
‘eligible capital expenditure property’ means Division 10, 10aa or 10a property, Division 10aaa property or Division 10c or 10d property;
‘eligible depreciation property’ means plant or articles within the meaning of section 54;
‘eligible property’ means—
(a) eligible depreciation property;
(b) Division 10, 10aa or 10a property;
(c) Division 10aaa property; or
(d) Division 10c or 10d property;
‘eligible real property’, means eligible property that is—
(a) a building or a part of a building; or
(b) a structure that is a fixture or a part of such a structure;
‘exempt public body’ means—
(a) the Commonwealth, a State or a Territory;
(b) a municipal corporation or other local governing body, the income of which is wholly exempt from tax; or
(c) a public authority—
(i) that is constituted by or under a law of the Commonwealth, a State or a Territory; and
(ii) the income of which is wholly exempt from tax;
‘payment portion’, in relation to an arrangement payment in relation to an eligible amount in relation to an item of eligible property, means so much of the arrangement payment as the Commissioner considers is attributable to the eligible amount in relation to the item of eligible property;
‘person’ includes an exempt public body;
‘total notional principal’, in relation to an eligible amount in relation to an item of eligible property in relation to an application period, means the sum of all notional principal amounts (if any) in relation to payment portions of arrangement payments in relation to the eligible amount in relation to the application period.
“(2) For the purposes of the definition of ‘arrangement period’ in sub-section (1), a reference in that definition to the total period during which an arrangement is, at a particular time, likely to be in force in relation to an item of eligible property that at that time is, or is included in, arrangement property in relation to the arrangement is a reference to—
(a) where at that time the total period during which the arrangement was, or is, to be in force in relation to that item of eligible property (including any period before that time when the arrangement was in force in relation to that item) was or is specified in or ascertainable in accordance with the arrangement—that period; and
(b) in any other case—such period as would have been, or is, at that time the period during which the arrangement would be, or is, likely to be in force in relation to the item of property (including any period before that time when the arrangement was in force in relation to the item), having regard to the provisions of the arrangement and any other relevant circumstances in relation to the arrangement, or in relation to the item of property.
“(3) Nothing in this Division prevents an item of eligible property from being an item of eligible property by reason of the application of 2 or more paragraphs of the definition of ‘eligible property’ in sub-section (1).
“(4) For the purposes of the definition of ‘total notional principal’ in sub-section (1), where—
(a) under section 159gk there is an interest amount within the meaning of that section in relation to a payment portion (not being a notional final payment portion within the meaning of that section) in relation to an arrangement payment; and
(b) the interest amount is less than the amount of the payment portion, there shall be taken to be a notional principal amount in relation to the payment portion of an amount equal to the difference between the interest amount and the amount of the payment portion.
“(5) Where—
(a) under 2 or more successive arrangements relating to the use by a person, or the control by a person of the use, of property owned by another person, the same property is used by, or the use of the same property is controlled by, the same person or by persons who, in relation to each other, are associates; and
(b) the Commissioner considers that the arrangements should be taken, for the purposes of this Division, to be a single arrangement,
the arrangements shall, for the purposes of this Division, be deemed to be a single arrangement entered into at the same time as the first of the arrangements, coming into force at the same time as the first of the arrangements and continuing in force until the expiration of the second or last, as the case requires, of the arrangements.
“(6) A reference in sub-section (5) to successive arrangements includes a reference to—
(a) where the arrangement periods of 2 or more arrangements overlap—those arrangements; and
(b) where there is a period between the expiration of an arrangement and the commencement of another arrangement and the
Commissioner considers that the arrangements should be taken to be successive arrangements for the purposes of that sub-section—those arrangements.
“(7) Where this Division applies in relation to an item of eligible property in relation to a qualifying arrangement, a reference in this Division to the application period in relation to that application of this Division in relation to the item of eligible property is a reference to the period commencing at the time at which this Division in that application commences to apply and ending at the time at which this Division in that application ceases to apply.
“(8) For the purposes of this Division, where one or more of the partners in a partnership uses, or controls the use of, an item of property, each of the partners in the partnership shall be taken to use, or to control the use of, the item of property and the partnership shall be taken not to use, or to control the use of, the item of property.
Residual amounts
“159gf. (1) Subject to sub-section 159gj (1), in this Division a reference to the residual amount at a particular time (in this sub-section referred to as the ‘relevant time’) in relation to the eligible amount by reason of which an item of property is eligible depreciation property at the relevant time is a reference to the eligible amount reduced by—
(a) where the item of property was not dealt with by the taxpayer who owns the item in the prescribed manner at any time during the period (in this sub-section referred to as the ‘relevant period’) before the relevant time when it was owned by the taxpayer—the total amount of depreciation that would, but for any deduction denying provision, have been allowable to the taxpayer under Division 3 in respect of that item of property for the relevant period if—
(i) at all times during the relevant period the taxpayer had wholly and exclusively dealt with the item of property in the prescribed manner;
(ii) the depreciation allowable for the relevant period were calculated in accordance with paragraph 56 (1) (a); and
(iii) section 57ag did not apply in relation to the item of property;
(b) where the item of property was wholly and exclusively dealt with by the taxpayer who owns the item in the prescribed manner at all times during the relevant period—the total amount of depreciation that was or, but for any deduction denying provision, would have been, allowed or allowable to the taxpayer in respect of the item of property for that period under Division 3; and
(c) in any other case—the total amount of depreciation that, but for any deduction denying provision, would have been allowable to the taxpayer who owns the item of property in respect of the item under Division 3 for the relevant period if—
(i) the taxpayer had wholly and exclusively dealt with the item of property in the prescribed manner at all times during the relevant period;
(ii) in respect of any part of the relevant period for which depreciation was or, but for any deduction denying provision, would have been allowed or allowable under Division 3—the depreciation were allowable on the same basis and at the same percentage as was or would have been allowed or allowable for that part of the relevant period; and
(iii) in respect of any other part (in this sub-paragraph referred to as the ‘relevant part’) of the relevant period—the depreciation were allowable—
(a) where the relevant part was immediately succeeded by another part of the relevant period in respect of which depreciation was or, but for any deduction denying provision, would have been allowed or allowable under Division 3—on the same basis and at the same percentage as was or would have been allowed or allowable in respect of that other part; and
(b) in any other case—on the same basis and at the same percentage as was or, but for any deduction denying provision, would have been allowed or allowable under Division 3 in respect of the part of the relevant period for which depreciation was or would have been allowed or allowable, being the part that immediately preceded the relevant part.
“(2) For the purposes of sub-section (1)—
(a) an item of eligible depreciation property shall be taken to be dealt with by a taxpayer in the prescribed manner at a particular time if—
(i) the item of property is used by the taxpayer at that time for the purpose of producing assessable income; or
(ii) the item of property is, at that time, installed ready for use for the purpose of producing assessable income and held in reserve by the taxpayer; and
(b) a reference to a deduction denying provision is a reference to a provision of this Act that would have the effect of denying an entitlement in whole or in part to a deduction otherwise wholly allowable under this Act.
“(3) Subject to sub-section 159gj (2), where any of the following amounts (in this sub-section referred to as the ‘attributable amount’):
(a) an amount of residual previous capital expenditure within the meaning of Division 10 or 10aa;
(b) an amount of residual capital expenditure within the meaning of Division 10, 10aa or 10a;
(c) an amount of residual (1 May 1981 to 18 August 1981) capital expenditure within the meaning of Division 10 or 10aa;
(d) an amount of residual (19 August 1981 to 19 July 1982) capital expenditure within the meaning of Division 10 or 10aa;
(e) so much as is unrecouped of an amount of allowable (post 19 July 1982) capital expenditure within the meaning of Division 10 or 10aa,
ascertained as at the end of a year of income, is attributable in whole or in part to an amount of expenditure (in this sub-section referred to as the ‘relevant expenditure’) by reason of which an item of property is Division 10, 10aa or 10a property, in this Division a reference to the residual amount at any time during the year of income in relation to the relevant expenditure is a reference to so much of the attributable amount as is attributable to the relevant expenditure.
“(4) Subject to sub-section 159gj (3), in this Division a reference to the residual amount at a particular time in relation to an amount of expenditure by reason of which an item of property is Division 10aaa property is a reference to the amount of expenditure reduced by any part of that expenditure that has been allowed or is allowable as a deduction under Division 10aaa from the assessable income of any taxpayer of a year of income preceding the year of income in which the particular time occurs.
“(5) Subject to sub-section 159gj (4), in this Division a reference to the residual amount at a particular time in relation to an amount of expenditure by reason of which an item of property is Division 10c or 10d property is a reference to the residual capital expenditure within the meaning of Division 10c or 10d, as the case may be, at that time in relation to the amount of expenditure.
Qualifying arrangements
“159gg. (1) For the purposes of this Division, where at any time (in this sub-section referred to as the ‘relevant time’) any of the following conditions is satisfied in relation to an arrangement relating to the use by a person (in this sub-section referred to as the ‘end-user’), or to the control by a person (in this sub-section also referred to as the ‘end-user’) of the use, of property owned by another person who is a party to the arrangement, being property that is or includes an item of eligible property:
(a) the arrangement contains provision to the effect that—
(i) if—
(a) on the termination or expiration of the arrangement, the owner sells or otherwise disposes of the whole of the arrangement property, or part of the arrangement property that is or includes the item of eligible property, to any person; and
(b) the owner or an associate receives in respect of the sale or disposal no consideration, or consideration of
an amount less than an amount (in this sub-paragraph referred to as the ‘guaranteed residual value’) specified in, or ascertainable under, the provision,
the end-user or an associate will pay to the owner or an associate an amount equal to the guaranteed residual value, or to the amount by which the guaranteed residual value exceeds the consideration, as the case may be;
(ii) at or after the termination or expiration of the arrangement, the whole of the arrangement property or part of the arrangement property that is or includes the item of eligible property is to be transferred (whether or not for any consideration) to the end-user or an associate;
(iii) the end-user or an associate has or will have the right to purchase or to require the transfer of the whole of the arrangement property or part of the arrangement property that is or includes the item of eligible property; or
(iv) the arrangement period in relation to the item of eligible property in relation to the arrangement is a period that exceeds 1 year and the end-user or an associate will be liable to carry out, to expend money in respect of or to reimburse the owner or an associate for expenditure in respect of, repairs that may be required to the whole of the arrangement property or to part of the arrangement property that is or includes the item of eligible property;
(b) the arrangement period in relation to the item of eligible property in relation to the arrangement is equal to or greater than—
(i) where the item is an item of eligible real property—50% of the effective life of that item at the commencement of the arrangement period; or
(ii) in any other case—75% of the effective life of that item at the commencement of the arrangement period;
(c) the sum of—
(i) the payment portions of arrangement payments that were liable to be made at or before the relevant time in relation to the eligible amount, or in relation to all of the eligible amounts (including any eligible amount in respect of expenditure incurred after the commencement of the arrangement period), in relation to the item of eligible property; and
(ii) the payment portions of arrangement payments that, having regard to the provisions of the arrangement and any other relevant circumstances, are or were, at the relevant time, likely to become liable to be made after the relevant time in relation to the eligible amount, or in relation to all of the eligible amounts (including any eligible amount in respect of expenditure that, having regard to the provisions of the
arrangement and any other relevant circumstances, is or was likely to be incurred during the arrangement period), in relation to the item of eligible property,
is equal to or greater than 90% of the sum of—
(iii) the residual amount in relation to the eligible amount, or the sum of the residual amounts in relation to the eligible amounts, in respect of which expenditure was incurred before the commencement of the arrangement period in relation to the item of eligible property, as ascertained at the commencement of the arrangement period; and
(iv) the amount of any expenditure that was, or is likely to be, incurred during the arrangement period, being expenditure giving rise to an eligible amount in relation to the item of eligible property,
the arrangement shall be taken to be, or to have been, a qualifying arrangement in relation to the item of eligible property—
(d) at the relevant time; and
(e) at all times before the relevant time when the arrangement was in force in relation to the item of eligible property.
“(2) For the purposes of this Division, where—
(a) an item of eligible property is, or is included in, arrangement property in relation to an arrangement relating to the use by a person (in this sub-section referred to as the ‘end-user’), or to the control by a person (in this sub-section also referred to as the ‘end-user’) of the use, of property owned by another person who is a party to the arrangement; and
(b) the ownership of the item of eligible property is transferred to the end-user or an associate within 1 year after the arrangement ceases to be in force (whether by termination or expiration) in relation to the item of eligible property,
the arrangement shall be taken to have been a qualifying arrangement in relation to the item of eligible property at all times during the period during which the arrangement was in force in relation to the item of eligible property.
“(3) For the purposes of sub-sections (1) and (2)—
(a) a lease to a person of property owned by another person shall be taken to be an arrangement relating to the use by the person of property owned by the other person; and
(b) any arrangement entered into in relation to the lease referred to in paragraph (a) shall be taken to be part of the arrangement referred to in that paragraph.
“(4) Where, but for this sub-section, an arrangement would be a qualifying arrangement in relation to an item of eligible property at a
particular time (in this sub-section referred to as the ‘relevant time’) and the Commissioner, having regard to—
(a) the circumstances by reason of which the arrangement is a qualifying arrangement in relation to that item of eligible property; and
(b) any other relevant circumstances,
considers it unreasonable that the arrangement should be a qualifying arrangement at the relevant time in relation to the item of eligible property, the arrangement shall be taken not to be a qualifying arrangement at the relevant time in relation to the item of eligible property.
“(5) Where an arrangement is a qualifying arrangement in relation to an item of eligible property at a particular time (in this sub-section referred to as the ‘relevant time’) and the arrangement ceases to be a qualifying arrangement in relation to that item of eligible property at a later time, the arrangement shall not be taken not to have been a qualifying arrangement in relation to that item of eligible property at the relevant time by reason of it ceasing to be a qualifying arrangement in relation to that item of eligible property at the later time.
Application of Division in relation to property
“159gh. (1) Subject to sub-section (2), where—
(a) at a particular time (in this sub-section referred to as the ‘relevant time’) an arrangement is a qualifying arrangement under sub-section 159gg (1) or (2) in relation to an item of eligible property; and
(b) either of the following conditions is satisfied:
(i) the qualifying arrangement was entered into after 5 o’clock in the afternoon, by standard time in the Australian Capital Territory, on 15 May 1984 and the end-user referred to in sub-section 159gg (1) or (2) is an exempt public body;
(ii) the arrangement was entered into after 5 o’clock in the afternoon, by legal time in the Australian Capital Territory, on 16 December 1984 and the use of the property referred to in sub-section 159gg (1) or (2) takes place, or will take place, outside Australia and is, or will be, wholly or partly for the purpose of producing exempt income,
this Division applies in relation to the item of eligible property at the relevant time.
“(2) This Division does not apply in relation to an item of eligible property at a particular time if at that time section 51ad applies to the item of eligible property in relation to a taxpayer.
Effect of application of Division on certain deductions, &c.
“159gj. (1) Where this Division applies in relation to an item of eligible depreciation property—
(a) if—
(i) but for this section, Subdivision B of Division 3 would apply, or would have applied, in relation to the item of eligible property in relation to a taxpayer; and
(ii) this Division commences to apply before the expiration of 12 months after the item of property was first used, or installed ready for use, by the taxpayer,
Subdivision B of Division 3 does not apply, and shall be deemed never to have applied, in relation to the item of eligible property in relation to the taxpayer;
(b) in relation to any year of income the whole of which is included in or comprises the application period—no depreciation deduction shall be allowable to any taxpayer in relation to the item of property for that year of income;
(c) in relation to any other year of income in which the whole or a part of the application period occurs—
(i) in relation to any part (in this sub-section referred to as the ‘pre-application part’) of the year of income that precedes the application period—there shall be allowable to a taxpayer as a depreciation deduction in relation to the item of property—
(a) where this Division has not previously applied in relation to the item of property—the same depreciation deduction (if any) as would, apart from this Division, be allowable to the taxpayer; and
(b) in any other case—the same depreciation deduction (if any) as would, but for this application of this section, be allowable to the taxpayer;
(ii) in relation to the part of the year of income during which this Division applies—no depreciation deduction shall be allowable to any taxpayer in relation to the item of property; and
(iii) in relation to any part (in this sub-section referred to as the ‘post-application part’) of the year of income that occurs after the application period (not being a part that occurs after the commencement of a subsequent application period)—
(a) the residual amount in relation to the item of eligible depreciation property at any time (in this sub-sub-paragraph referred to as the ‘relevant time’) during the post-application part is an amount ascertained in accordance with the formula 
, where—
A is the amount that, but for this application of this section, would be the residual amount at the relevant time in relation to the eligible amount (in this sub-paragraph referred to as the ‘relevant eligible amount’) by reason of which
the item is an item of eligible depreciation property;
B is—
(a) where paragraph (b) of this component does not apply—the amount that, in determining the residual amount in component A, would be taken into account as depreciation under sub-section 159gf (1) in respect of the application period; and
(b) where, in determining the residual amount in component A, depreciation taken into account in respect of the post-application part would be calculated in accordance with paragraph 56 (1) (a)—the amount that, in determining the residual amount in component A, would be taken into account under sub-section 159gf (1) as depreciation in respect of the application period and the part of the post-application part before the relevant time; and
C is—
(a) where paragraph (a) of component B applies—an amount equal to the total notional principal in relation to the relevant eligible amount in relation to the application period; and
(b) where paragraph (b) of component B applies—the sum of—
(i) the total notional principal in relation to the relevant eligible amount in relation to the application period; and
(ii) the amount that, in determining the residual amount in component A, would be taken into account as depreciation under sub-section 159gf (1) in respect of the part of the post-application part before the relevant time if the depreciated value of the item of eligible depreciation property at the beginning of the year of income in which this Division ceases to apply were equal to the residual amount at the beginning of the application
period as reduced by the total notional principal in relation to the relevant eligible amount in relation to the application period;
(b) for the purposes of any application of sub-section 56 (2) or section 59 in relation to the item of property in relation to the post-application part—the depreciated value, within the meaning of Division 3, of the item of property at any time during the post-application part shall be taken to be an amount equal to the residual amount in relation to the relevant eligible amount at that time as ascertained in accordance with sub-sub-paragraph (a); and
(c) the depreciation deduction (if any) allowable to a taxpayer in relation to the item of property in relation to the post-application part is the depreciation deduction that would be allowable in respect of that period if this Division did not apply and, in the case of an item of property in relation to which paragraph 56 (1) (a) would, apart from this Division, apply, if the depreciated value, within the meaning of Division 3, of the item of property at the beginning of the year of income were equal to the residual amount, as ascertained under sub-sub-paragraph (a), in relation to the relevant eligible amount at the commencement of the post-application part;
(d) the residual amount at any time (in this paragraph referred to as the ‘relevant time’) after the year of income in which the application period ends (not being a time after the commencement of a subsequent application period) in relation to the eligible amount (in this paragraph referred to as the ‘relevant eligible amount’) by reason of which the item is an item of eligible depreciation property is the amount that would be the residual amount in relation to the relevant eligible amount in relation to the relevant time under sub-sub-paragraph (1) (c) (iii) (a) if the post-application part referred to in that sub-sub-paragraph extended to include the relevant time; and
(e) for the purpose of the application of Division 3 in relation to the item of property at any time after the year of income in which the application period ends—there shall be taken to have been allowed as a depreciation deduction in relation to the item of property in relation to the application period an amount equal to the total notional principal in relation to the eligible amount by reason of which the item of property is eligible depreciation property in relation to the application period.
“(2) Where this Division applies in relation to an item of Division 10, 10aa or 10a property—
(a) no deduction is allowable to any taxpayer under Division 10, 10aa or 10a in relation to any amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10, 10aa or 10a property for any year of income in which the whole or a part of the application period occurs;
(b) the residual amount at any time after the application period (not being a time after the commencement of a subsequent application period) in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10, 10aa or 10a property is an amount equal to the amount that, but for this paragraph, would be the residual amount at that time in relation to the amount of expenditure under sub-section 159gf (3) reduced by an amount equal to the total notional principal in relation to the amount of expenditure in relation to the application period and any prior application period; and
(c) for the purposes of the application of Division 10, 10aa or 10a in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10, 10aa or 10a property at any time after the application period, there shall be taken to have been allowed in respect of the amount of expenditure a deduction under whichever of those Divisions applies in respect of the amount of expenditure of an amount equal to the total notional principal in relation to the amount of expenditure in relation to the application period.
“(3) Where this Division applies in relation to an item of Division 10aaa property—
(a) no deduction is allowable to any taxpayer under Division 10aaa in relation to any amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10aaa property for any year of income in which the whole or a part of the application period occurs;
(b) the residual amount at any time after the application period (not being a time after the commencement of a subsequent application period) in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10aaa property is an amount equal to the amount that, but for this paragraph, would be the residual amount at that time in relation to the amount of expenditure under sub-section 159gf (4) reduced by an amount equal to the total notional principal in relation to the amount of expenditure in relation to the application period and any prior application period; and
(c) for the purposes of the application of Division 10aaa in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10aaa property for any year of income after the year of income in which this Division ceases to apply—it shall be taken to be a requirement of Division 10aaa that the deduction allowable under that Division in respect of the amount of expenditure does not exceed the residual amount in relation to the amount of expenditure as ascertained in accordance with paragraph (b).
“(4) Where this Division applies in relation to an item of Division 10c or 10d property—
(a) in relation to any year of income the whole of which is included in or comprises the application period—no deduction shall be allowable to any taxpayer under Division 10c or 10d in relation to any amount of expenditure by reason of which the item is Division 10c or 10d property for that year of income;
(b) in relation to any other year of income in which the whole or a part of the application period occurs—
(i) in relation to any part (in this sub-section referred to as the ‘pre-application part’) of the year of income that precedes the application period—there shall be allowable to the taxpayer as a deduction under Division 10c or 10d, as the case requires, in relation to an amount of expenditure by reason of which the item is Division 10c or 10d property—
(a) where this Division has not previously applied in relation to the amount of expenditure—the same deduction (if any) as would, apart from this Division, be allowable under that Division; and
(b) in any other case—the same deduction (if any) as would, but for this application of this section, be allowable under that Division;
(ii) in relation to the part of the year of income during which this Division applies—no deduction shall be allowable to any taxpayer under Division 10c or 10d in relation to any amount of expenditure by reason of which the item is Division 10c or 10d property; and
(iii) in relation to any part (in this sub-section referred to as the ‘post-application part’) of the year of income that occurs after the application period (not being a part that occurs after the commencement of a subsequent application period)—
(a) the residual amount at any time during the post-application part in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10c or 10d property is an amount equal to
the amount that, but for this paragraph, would be the residual amount at that time in relation to the amount of expenditure under sub-section 159gf (5) reduced by an amount equal to the total notional principal in relation to the amount of expenditure in relation to the application period and any prior application period;
(b) for the purposes of any application of section 124ze or 124zk in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10c or 10d property at any time during the post-application part—the residual capital expenditure, within the meaning of Division 10c or 10d, as the case requires, in relation to the amount of expenditure shall be taken to be an amount equal to the residual amount at that time in relation to the amount of expenditure as ascertained in accordance with sub-sub-paragraph (a); and
(c) the deduction (if any) allowable to a taxpayer in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10c or 10d property under Division 10c or 10d, as the case requires, in relation to the post-application part is the deduction (if any) that would be allowable to the taxpayer under that Division in respect of that period if this Division (other than this sub-sub-paragraph) did not apply and if it were a requirement of that Division that the deduction did not exceed the residual amount in relation to the amount of expenditure as ascertained in accordance with sub-sub-paragraph (a);
(c) the residual amount at any time after the year of income in which the application period ends (not being a time after the commencement of a subsequent application period) in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10c or 10d property is the amount that, but for this paragraph, would be the residual amount at that time in relation to the amount of expenditure under sub-section 159gf (5) reduced by an amount equal to the total notional principal in relation to the amount of expenditure in relation to the application period and any prior application period; and
(d) in the application of Division 10c or 10d in relation to any year of income after the year of income in which this Division ceases to apply, in relation to an amount of expenditure (not being expenditure incurred after the application period) by reason of which the item is Division 10c or 10d property it shall be taken to be a requirement
of Division 10c or 10d that the deduction (if any) allowable to a taxpayer under that Division in respect of the amount of expenditure does not exceed the residual amount in relation to the amount of expenditure as ascertained in accordance with paragraph (c).
Effect of application of Division on assessability of arrangement payments
“159gk. (1) Where this Division applies in relation to an item of eligible property in relation to which there is an assessable arrangement payment or assessable arrangement payments in relation to a taxpayer in respect of the application period, there shall be included in the assessable income of the taxpayer so much only of any payment portion of each assessable arrangement payment in relation to an eligible amount as does not exceed the interest amount (if any) in relation to the payment portion.
“(2) For the purposes of sub-section (1), a reference to the interest amount in relation to a payment portion of an assessable arrangement payment in relation to an eligible amount is a reference to the amount (if any) ascertained in accordance with the formula 
, where—
A is the eligible principal in relation to the payment portion;
B is—
(a) where the sum of the payment portions of the likely arrangement payments in relation to the eligible amount in respect of the likely application period (including any notional final payment portion of an arrangement payment) exceeds the residual amount, as ascertained at the commencement of the application period, in relation to the eligible amount—the fraction that is the effective annual interest rate, ascertained at the commencement of the application period referred to in sub-section (1), at which the sum of the present values of the payment portions equals the residual amount; and
(b) in any other case—nil; and
t is the number of whole days in the arrangement payment period divided by 365.
“(3) For the purposes of sub-section (2)—
(a) a reference in that sub-section to the eligible principal in relation to a payment portion of an arrangement payment in relation to an eligible amount is a reference to—
(i) where the arrangement payment is the first arrangement payment in the likely application period referred to in that sub-section—the residual amount in relation to the eligible amount, as ascertained at the commencement of the arrangement payment period in relation to the arrangement payment; and
(ii) in the case of any other arrangement payment—an amount ascertained in accordance with the formula 
, where—
A is the eligible principal in relation to the payment portion of the immediately preceding arrangement payment;
B is the amount of the payment portion of the immediately preceding arrangement payment; and
C is the interest amount in relation to the payment portion of the immediately preceding arrangement payment; and
(b) a reference in that sub-section to the arrangement payment period in relation to an arrangement payment is a reference to—
(i) where the arrangement payment is the first arrangement payment liable to be made in respect of the application period referred to in that sub-section—the period commencing at the beginning of the application period and ending at the time at which the arrangement payment is liable to be made; and
(ii) in the case of any other arrangement payment—the period commencing at the time at which the immediately preceding arrangement payment was liable to be made and ending at the time at which the arrangement payment concerned is liable to be made.
“(4) Where the qualifying arrangement in relation to an item of eligible property in relation to which this Division applies does not provide for the sale or disposal of the item to a person who is a party to the qualifying arrangement or to an associate, for the purposes of this section an arrangement payment (not being an assessable arrangement payment) that includes a payment portion (which portion is in this section referred to as a ‘notional final payment portion’) in relation to any eligible amount by reason of which the item is an item of eligible property shall be taken to be liable to be made at the end of the likely application period of an amount equal to—
(a) where the qualifying arrangement is a qualifying arrangement by reason of the application of sub-paragraph 159gg (1) (a) (i)—so much of the guaranteed residual value referred to in that sub-paragraph as is attributable to the eligible amount; or
(b) in any other case—the amount that in the opinion of the Commissioner was, or would have been, at the commencement of the application period, the market value at the end of the application period of so much of the item of eligible property as is attributable to the eligible amount.
“(5) Where an amount of eligible capital expenditure is incurred in relation to an item of eligible property at any time after this Division commences to apply in relation to the item of eligible property, this section applies in respect of that expenditure as if this Division had commenced to
apply in relation to the item of eligible property at the time at which the expenditure was incurred.
“(6) In this section—
(a) ‘likely application period’, in relation to an application of this Division, means the period that, having regard to the provisions of the qualifying arrangement referred to in section 159gh and to any other relevant circumstances, was, at the time at which that application of this Division commenced, the likely length of the application period; and
(b) ‘likely arrangement payment’, in relation to a likely application period, means an arrangement payment that, having regard to the provisions of the qualifying arrangement referred to in section 159gh and to any other relevant circumstances, was, at the time at which the likely application period commenced, likely to become liable to be made during the likely application period.
Special provision relating to Division 10c or 10d property
“159gl. (1) Where—
(a) section 159gh applies in relation to an item of Division 10c or 10d property; and
(b) at the time at which that section commenced to apply in relation to the item of property, the sum of the present values of the net Division 16d amounts, for each year of income during which the whole or a part of the likely application period occurs, in relation to an amount of expenditure by reason of which the property is Division 10c or 10d property will be less than the sum of the present values, at that time, of the net Division 10c or 10d amounts for each such year of income in relation to the expenditure,
sections 159gj and 159gk do not apply in relation to the amount of expenditure in relation to the application period.
“(2) In sub-section (1)—
(a) a reference to the net Division 10c or 10d amounts for a year of income in relation to an amount of expenditure by reason of which an item of property is Division 10c or 10d property is a reference to the sum of the payment portions of any assessable arrangement payments likely to become liable to be made in relation to the amount of expenditure in relation to that year of income reduced by the deduction (if any) that, but for this Division, would be allowable under Division 10c or 10d for the year of income in respect of the amount of expenditure;
(b) a reference to the net Division 16d amounts for a year of income in relation to an amount of expenditure by reason of which an item of property is Division 10c or 10d property is a reference to the sum of so much of the payment portions of any assessable arrangement payments likely to become liable to be made during
the year of income in relation to the amount of expenditure as would, but for this section, be included in the assessable income of any taxpayer of the year of income under section 159gk; and
(c) ‘likely application period’ has the same meaning as in section 159gk.
Special provision where cost of plant, &c., is also eligible capital expenditure
“159gm. Where—
(a) at a particular time (in this section referred to as the ‘relevant time’) an item of eligible property is both eligible depreciation property and eligible capital expenditure property; and
(b) the expenditure by reason of which the item of property is eligible capital expenditure property is the amount that was the cost of the item of property to the taxpayer who incurred the expenditure for the purpose of sub-section 62 (1) or that would have been the cost to the taxpayer for the purpose of that sub-section if that sub-section applied in relation to the item of property,
for the purpose of ascertaining the residual amount at the relevant time in relation to the amount of expenditure—
(c) if a capital expenditure deduction would, apart from this Division, be allowable to a taxpayer in respect of the amount of eligible capital expenditure in relation to the year of income in which the relevant time occurs—the item of eligible property shall be taken to be at the relevant time an item of eligible capital expenditure property and not an item of eligible depreciation property; and
(d) in any other case—the item of eligible property shall be taken to be at the relevant time an item of eligible depreciation property and not an item of eligible capital expenditure property.
Effect of use of property under qualifying arrangement for producing assessable income
“159gn. (1) Where—
(a) this Division applies in relation to an item of eligible property by reason of the application of sub-paragraph 159gh (1) (b) (i) in relation to the use by an exempt public body, or the control by an exempt public body of the use, of the item of eligible property under a qualifying arrangement;
(b) the exempt public body jointly uses, or jointly controls the use of, the item of eligible property together with another person, or one or more other persons, who are not exempt public bodies;
(c) the item of eligible property is or will be used during the arrangement period in relation to the qualifying arrangement for producing income of an amount that, having regard to the provisions of the qualifying arrangement and any other relevant circumstances, is not likely to be less than the total amount of the arrangement payments under the qualifying arrangement in relation to the item of eligible property; and
(d) the income, or a part of the income, referred to in paragraph (c) will be included in the assessable income of one or more persons (which person, or each of which persons, is in this sub-section referred to as an ‘assessable person’),
the following provisions have effect:
(e) where all of the income referred to in paragraph (c) will be included in the assessable income of one or more persons—sections 159gj and 159gk do not apply in relation to the item of eligible property;
(f) where paragraph (e) does not apply—
(i) there is allowable to a taxpayer so much of any deduction that, but for this section, would not, by reason of the application of section 159gj, be allowable to the taxpayer in relation to any eligible amount in relation to the item of eligible property in respect of the application period as is ascertained in accordance with the formula AB, where—
A is the amount of the deduction that, but for this section would not, by reason of the application of section 159gj, be allowable to the taxpayer; and
B is the assessable person fraction for the purposes of the application of this Division concerned;
(ii) for the purposes of section 159gj, a reference in that section to the total notional principal in relation to an eligible amount in relation to the item of eligible property in respect of the application period shall be taken to be a reference to the amount that, but for this sub-paragraph, would be the total notional principal, as increased by the amount of any deduction allowable under sub-paragraph (i) of this paragraph in relation to the eligible amount in respect of the application period; and
(iii) for the purposes of the application of section 159agk, any eligible amount in relation to the item of property in respect of the application period shall be ascertained in accordance with the formula AB, where—
A is the amount that, but for this section, would be the eligible amount; and
B is the non-assessable person fraction in relation to the application of this Division concerned.
“(2) For the purposes of sub-section (1)—
(a) a reference in that sub-section to the assessable person fraction in relation to an application of this Division in relation to an item of eligible property is a reference to the interest of all of the assessable persons in the income referred to in paragraph (1) (c) expressed as a fraction of the interests of all of the persons entitled to that income; and
(b) a reference in that sub-section to the non-assessable person fraction in relation to an application of this Division in relation to an item of eligible property is a reference to the fraction ascertained by subtracting the assessable person fraction in relation to that application of this Division in relation to the item of eligible property from the number 1.
“(3) Where—
(a) this Division applies in relation to an item of eligible property by reason of the application of sub-paragraph 159gh (1) (b) (ii) in relation to the use of the item of property outside Australia partly for the purpose of producing exempt income; and
(b) that use is also partly for the purpose of producing assessable income,
the following provisions have effect:
(c) there is allowable to a taxpayer so much of any deduction that, but for this section, would not, by reason of the application of section 159gj, be allowable to the taxpayer in relation to any eligible amount in relation to the item of eligible property in respect of the application period as is ascertained in accordance with the formula AB, where—
A is the amount of the deduction that, but for this section would not, by reason of the application of section 159gj, be allowable to the taxpayer; and
B is the assessable income fraction for the purposes of the application of this Division concerned;
(d) for the purposes of section 159gj, a reference in that section to the total notional principal in relation to an eligible amount in relation to the item of eligible property in respect of the application period shall be taken to be a reference to the amount that, but for this paragraph, would be the total notional principal, as increased by the amount of any deduction allowable under paragraph (c) of this sub-section in relation to the eligible amount in respect of the application period; and
(e) for the purposes of the application of section 159gk, any eligible amount in relation to the item of property in respect of the application period shall be ascertained in accordance with the formula AB, where—
A is the amount that, but for this section, would be the eligible amount; and
B is the exempt income fraction in relation to the application of this Division concerned.
“(4) For the purposes of sub-section (3)—
(a) a reference in that sub-section to the assessable income fraction in relation to an application of this Division in relation to an item of eligible property is a reference to the amount of the assessable
income referred to in paragraph (3) (b) expressed as a fraction of the sum of that assessable income and the exempt income referred to in paragraph (3) (a); and
(b) a reference in that sub-section to the exempt income fraction in relation to an application of this Division in relation to an item of eligible property is a reference to the fraction ascertained by subtracting the assessable income fraction in relation to that application of this Division in relation to the item of eligible property from the number 1.
Special provisions relating to partnerships
“159go. (1) Where—
(a) the individual interest of a taxpayer in the net income of a partnership has been or is to be included in the assessable income of the taxpayer of a year of income (in this sub-section referred to as the ‘relevant year of income’), or the individual interest of a taxpayer in a partnership loss has been allowed or is allowable as a deduction from the assessable income of the taxpayer of a year of income (in this sub-section also referred to as the ‘relevant year of income’);
(b) either a deduction or an arrangement payment, or both, were taken into account in calculating that net income or partnership loss;
(c) the deduction or a part of the deduction (which deduction or part of the deduction, as the case may be, is referred to in this subsection as the ‘relevant deduction’), or the arrangement payment or a part of the arrangement payment (which arrangement payment or part of the arrangement payment, as the case may be, is referred to in this sub-section as the ‘relevant arrangement payment’), would not have been taken into account for the purpose of that calculation if this Division applied in relation to the partnership in relation to particular property that is arrangement property in relation to a qualifying arrangement;
(d) this Division does not apply in relation to the partnership in relation to the property by reason only that the qualifying arrangement was entered into before the time (in this sub-section referred to as the ‘earliest application time’) referred to in whichever sub-paragraph of paragraph 159gh (1) (b) would be applicable if this Division applied as mentioned in paragraph (c); and
(e) the taxpayer became a partner in the partnership under a contract entered into by the taxpayer after the earliest application time,
the following provisions have effect:
(f) there shall be included in the assessable income of the taxpayer of the relevant year of income an amount that bears to the amount of the relevant deduction the same proportion as the individual interest of the taxpayer in that net income bears to that net income or, as
the case requires, as the individual interest of the taxpayer in that partnership loss bears to that partnership loss;
(g) there shall be allowable as a deduction in the assessment of the taxpayer of the relevant year of income an amount that bears to the amount of the relevant arrangement payment the same proportion as the individual interest of the taxpayer in that net income bears to that net income or, as the case requires, as the individual interest of the taxpayer in that partnership loss bears to that partnership loss.
“(2) Where—
(a) the individual interest of a taxpayer in the net income of a partnership has been or is to be included in the assessable income of the taxpayer of a year of income (in this sub-section referred to as the ‘relevant year of income’), or the individual interest of a taxpayer in a partnership loss has been allowed or is allowable as a deduction from the assessable income of the taxpayer of a year of income (in this sub-section also referred to as the ‘relevant year of income’);
(b) either a deduction or an arrangement payment, or both, were taken into account in calculating that net income or partnership loss;
(c) the deduction or a part of the deduction (which deduction or part of the deduction, as the case may be, is referred to in this subsection as the ‘relevant deduction’), or the arrangement payment or a part of the arrangement payment (which arrangement payment or part of the arrangement payment, as the case may be, is referred to in this sub-section as the ‘relevant arrangement payment’), would not have been taken into account for the purpose of that calculation if this Division applied in relation to the partnership in relation to particular property that is arrangement property in relation to a qualifying arrangement;
(d) this Division does not apply in relation to the partnership in relation to the property by reason only that the qualifying arrangement was entered into before the time (in this sub-section referred to as the ‘earliest application time’) referred to in whichever sub-paragraph of paragraph 159gh (1) (b) would be applicable if this Division applied as mentioned in paragraph (c);
(e) the taxpayer became a partner in the partnership under a contract entered into by the taxpayer before the earliest application time;
(f) after the earliest application time, the taxpayer made or agreed to make a contribution or contributions (which contribution is or contributions are in this sub-section referred to as the ‘additional contribution’) to the capital of the partnership in addition to any contribution or contributions to the capital of the partnership that, under a contract or contracts entered into at or before that time, the taxpayer had made or agreed to make; and
(g) by reason of making or agreeing to make the additional contribution, the individual interest of the taxpayer in that net income or partnership loss, being that individual interest expressed as a fraction of the aggregate of the individual interests of the partners in that net income or partnership loss, is greater than it would otherwise have been,
the following provisions have effect:
(h) where a deduction was taken into account in calculating that net income or partnership loss—there shall be included in the assessable income of the taxpayer of the relevant year of income an amount ascertained in accordance with the formula 
;
(j) where an arrangement payment was taken into account in calculating that net income or partnership loss—there shall be allowable as a deduction in the assessment of the taxpayer of the relevant year of income an amount ascertained in accordance with the formula 
,
where—
A is the amount of the relevant deduction or of the relevant arrangement payment, as the case requires;
B is the individual interest of the taxpayer in that net income or partnership loss, being that individual interest expressed as a fraction of the aggregate of the individual interests of the partners in that net income or partnership loss; and
C is the fraction that would be B if that fraction were ascertained on the basis of the individual interests of the partners immediately before the earliest application time and the net income or partnership loss at that time were equal to the net income or partnership loss of the relevant year of income.”.
Repeal of sections
28. Sections 159n, 159q, 159r, 159t, 159u, 159v, 159w, 159x, 159xa and 159y of the Principal Act are repealed.
Rebate for medical expenses
29. Section 159p of the Principal Act is amended—
(a) by omitting from sub-sections (1) and (3) “section 159n” and substituting “this section”; and
(b) by inserting after sub-section (3) the following sub-sections:
“(3a) Where—
(a) a rebatable amount is, or rebatable amounts are, applicable to a taxpayer in respect of a year of income; and
(b) that rebatable amount, or the aggregate of those rebatable amounts, exceeds $1,000,
the taxpayer is entitled to a rebate of tax in the taxpayer’s assessment in respect of income of that year of income of an amount equal to 30% of the excess.
“(3b) Where the trustee of the estate of a deceased person pays an amount as medical expenses in respect of a liability incurred by the deceased person in the deceased person’s lifetime, being an amount that would have been treated, for the purposes of this section, as a rebatable amount if it had been paid by the deceased person during the deceased person’s lifetime, there shall be allowed, in the assessment of the trustee upon the assessable income derived by the deceased person during the year of income in which the deceased person died, a rebate of tax equal to the rebate that would have been allowable to the deceased person under this section in respect of that amount if it had been paid by the deceased person during the year of income in which the deceased person died.”.
Rebate in respect of certain pensions, &c.
30. Section 160aaa of the Principal Act is amended—
(a) by omitting from sub-paragraphs (2) (a) (i) and (ii) “$7,989—$75” and substituting “$8,795—$220”; and
(b) by omitting from sub-paragraphs (2) (b) (i) and (ii) “$4,783—$50” and substituting “$5,275—$170”.
Rebate in respect of annual leave, long service leave and eligible termination payments
31. Section 160aa of the Principal Act is amended—
(a) by omitting sub-sub-paragraph (1) (d) (i) (a) and substituting the following sub-sub-paragraph:
“(a) is included in the assessable income of the taxpayer of the year of income under sub-section 27b (1) in respect of an age 55 termination payment or age 55 termination payments; and”;
(b) by inserting after the definition of “additional tax amount” in subsection (2) the following definition:
“‘age 55 termination payment’, in relation to a taxpayer, means an eligible termination payment made in relation to the taxpayer on or after the date on which the taxpayer attained the age of 55 years;”; and
(c) by omitting from sub-section (2) the definition of “residual amount” and substituting the following definition:
“‘residual amount’, in relation to a taxpayer in relation to a year of income (in this definition referred to as the ‘current year of income’), means—
(a) where—
(i) an amount has been, or amounts have been, included under sub-section 27b (1) in the
assessable income of the taxpayer of a year or years of income before the year of income that commenced on 1 July 1985 in respect of an age 55 termination payment or age 55 termination payments; and
(ii) the amount, or the sum of the amounts, so included in that assessable income exceeds $50,000,
$5,000 reduced by any amount, or the sum of any amounts, included under sub-section 27b (1) in the assessable income of the taxpayer of a year of income or years of income after the year of income that commenced on 1 July 1984 and before the current year of income;
(b) where—
(i) in a year of income or years of income before the current year of income, an amount was, or amounts were, included under sub-section 27b (1) in the assessable income of the taxpayer in respect of an age 55 termination payment or age 55 termination payments; and
(ii) paragraph (a) does not apply,
$55,000 reduced by the amount, or the sum of the amounts, so included in that assessable income; and
(c) in any other case—$55,000.”.
Amendment of assessments
32. Section 170 of the Principal Act is amended—
(a) by omitting from sub-section (9a) “section 159y” and substituting “sub-section 159p (3b)”;
(b) by omitting from paragraph (9a) (a) “section” and substituting “sub-section”;
(c) by inserting in sub-section (10) “or 16d” after “Division 16c”; and
(d) by omitting from sub-section (10) “sub-section 159r (4),”.
Release of taxpayers from liability in cases of hardship
33. Section 265 of the Principal Act is amended by omitting from sub-section (1) “Secretary of the Department dealing with matters arising under the Customs Act 1901-1975” and substituting “Comptroller-General of Customs”.
Application of amendments
34. (1) In this section, “amended Act” means the Principal Act as amended by this Act.
(2) The amendments made by sections 11, 12, 15 to 26 (inclusive), 28 to 31 (inclusive) and paragraphs 32 (a), (b) and (d) apply to assessments
in respect of income of the year of income commencing on 1 July 1985 and of all subsequent years of income.
(3) The amendment made by section 14 applies to gifts made after 20 August 1985.
(4) In the case of a taxpayer in relation to whom a year of income is an accounting period commencing before 12 March 1985 adopted in lieu of the financial year commencing on 1 July 1985, section 121c of the amended Act has effect in relation to the taxpayer in relation to that year of income as if references to all times during that year of income were references to all times in that year of income after 11 March 1985.
(5) A superannuation fund shall be deemed to have complied with the requirements of sub-section 121c (5) of the amended Act in relation to a year of income commencing on or before 1 July 1986 if the Commissioner is satisfied that—
(a) an asset became an in-house asset of the fund on or after 12 March 1985 because of a decision made before that date; and
(b) there are special circumstances by reason of which it would be reasonable to accept the fund as having complied with the requirements of that sub-section.
(6) The amendments made by section 27 and paragraph 32 (c) apply to assessments in respect of income of the year of income in which 15 May 1984 occurred and of all subsequent years of income.
(7) The amendment made by section 33 does not affect the jurisdiction of a Board constituted under section 265 of the Principal Act in relation to any application made under that section the consideration of which commenced or commences before the twenty-eighth day after the day on which this Act receives the Royal Assent.
(8) Where a Board constituted under section 265 of the Principal Act included a person appointed before 10 June 1985 as a substitute for the Secretary of the Department dealing with matters arising under the Customs Act 1901, the exercise of the jurisdiction of that Board in relation to an application made under that section the consideration of which commenced or commences before the twenty-eighth day after the day on which this Act receives the Royal Assent shall not be called in question on a ground relating to the validity, or continued validity, of the appointment of that person as a substitute.
Provisional tax for 1985-86 year
35. For the purposes of the application of sub-section 221yc (1) of the Income Tax Assessment Act 1936 (in this section referred to as the “Assessment Act”) in ascertaining the amount of provisional tax payable by a taxpayer in respect of the year of income that commenced on 1 July 1985 (in this section referred to as the “current year of income”), being a taxpayer who, if section 159n of the Assessment Act were not applicable in
relation to the year of income next preceding the current year of income (in this section referred to as the “preceding year of income”), would, apart from this section, be liable to pay provisional tax calculated in accordance with sub-section 221yc (1) or (1a) of the Assessment Act in respect of the current year of income—
(a) if paragraph 221yc (1) (a) of the Assessment Act applies to the taxpayer—the amount of provisional tax payable by the taxpayer in respect of the current year of income by virtue of that paragraph is the amount ascertained by deducting from the amount of income tax that would have been assessed in respect of the amount that would have been the taxable income of the taxpayer of the preceding year of income if—
(i) the taxable income of the taxpayer of the preceding year of income had, except for the purpose of determining the notional income for the purpose of section 59ab, 86 or 158d of the Assessment Act, been increased by 11%;
(ii) where, for the purposes of Division 6aa of Part III of the Assessment Act—
(a) in the case of a taxpayer to whom Division 3 of Part IV of the Income Tax (Rates) Act 1982 applied—the taxpayer’s eligible taxable income of the preceding year of income exceeded $416; or
(b) in the case of a taxpayer to whom Division 4 of Part IV of the Income Tax (Rates) Act 1982 applied—the taxpayer had an eligible taxable income of the preceding year of income,
that eligible taxable income had been increased by 11%;
(iii) for the purposes of section 156 of the Assessment Act, the deemed taxable income from primary production of the taxpayer of the preceding year of income had been increased by 11%;
(iv) the Income Tax (Rates) Act 1982, as that Act applies to assessments in respect of the current year of income, had been in force and applied to assessments in respect of the preceding year of income;
(v) the Medicare Levy Act 1984 had not applied in relation to assessments in respect of the preceding year of income and the Medicare Levy Act 1985 had applied in relation to such assessments as if references in that last-mentioned Act to the year of income or financial year that commenced on 1 July 1985 included references to the year of income or the financial year, as the case may be, that commenced on 1 July 1984;
(vi) where Division 16 of Part III of the Assessment Act applied in the taxpayer’s assessment in respect of the preceding year of income—that Division had applied as if the conditions set out in sub-paragraphs (i) to (v) (inclusive) were applicable
for the purposes of making that assessment other than for the purpose of determining the average income of the taxpayer for the purposes of the application of that Division; and
(vii) the taxpayer had not been entitled to any rebate (other than a rebate under section 156 of the Assessment Act applicable in relation to the taxpayer in accordance with sub-paragraph (vi)) or credit in the taxpayer’s assessment,
the sum of the rebates (other than a rebate under section 156 or 159n of the Assessment Act) and credits to which the taxpayer was entitled in the taxpayer’s assessment in respect of income of the preceding year of income; and
(b) if paragraph 221yc (1) (b) of the Assessment Act applies to the taxpayer—the amount of provisional tax payable by the taxpayer in respect of the current year of income by virtue of that paragraph is—
(i) in a case where—
(a) paragraph 221yc (1) (a) of the Assessment Act would apply to the taxpayer in relation to the current year of income but for sub-section 221ya (5) of that Act; and
(b) the taxpayer is a taxpayer to whom paragraph 221ya (5) (a) of the Assessment Act applies, but paragraph 221ya (5) (b) of that Act does not apply, in relation to the current year of income,
the amount that would be payable by the taxpayer under paragraph 221yc (1) (a) of the Assessment Act (as affected by paragraph (a) of this section) if sub-section 221ya (5) were not included in that Act and Division 16c of Part III of that Act were not applicable in relation to the preceding year of income;
(ii) in the case where—
(a) paragraph 221yc (1) (a) of the Assessment Act would apply to the taxpayer in relation to the current year of income but for sub-section 221ya (5) of that Act; and
(b) the taxpayer is a taxpayer to whom paragraph 221ya (5) (b) of the Assessment Act applies, but paragraph 221ya (5) (a) of that Act does not apply, in relation to the current year of income,
the amount that would be payable by the taxpayer under paragraph 221yc (1) (a) of the Assessment Act (as affected by paragraph (a) of this section) if sub-section 221ya (5) were not included in that Act and the taxable income of the taxpayer of the preceding year of income had been increased by the sum of the deductions allowed or allowable to the taxpayer under sections 77f, 124zaf and 124zafa of that
Act in the taxpayer’s assessment in respect of the preceding year of income;
(iii) in the case where—
(a) paragraph 221yc (1) (a) of the Assessment Act would apply to the taxpayer in relation to the current year of income but for sub-section 221ya (5) of that Act; and
(b) the taxpayer is a taxpayer to whom paragraphs 221ya (5) (a) and (b) of the Assessment Act apply in relation to the current year of income,
the amount that would be payable by the taxpayer under paragraph 221yc (1) (a) of the Assessment Act (as affected by paragraph (a) of this section) if—
(c) sub-section 221ya (5) were not included in the Assessment Act;
(d) Division 16c of Part III of the Assessment Act were not applicable in relation to the preceding year of income; and
(e) the amount that, but for this sub-sub-paragraph, would have been the taxable income of the taxpayer of the preceding year of income had been increased by the sum of the deductions allowed or allowable to the taxpayer under sections 77f, 124zaf and 124zafa of the Assessment Act in the taxpayer’s assessment in respect of the preceding year of income; and
(iv) in any other case—the amount that would be payable by the taxpayer under paragraph (a) of this section if the provisions of that paragraph applied to the taxpayer in relation to the taxpayer’s income of the current year of income and—
(a) the taxable income of the taxpayer of the preceding year of income had been equal to the amount that the Commissioner estimates would have been the provisional income of the taxpayer if Division 16c of Part III of the Assessment Act were not applicable in relation to the preceding year of income increased by the sum of the deductions (if any) allowed or allowable to the taxpayer under sections 77f, 124zaf and 124zafa of the Assessment Act in the taxpayer’s assessment in respect of the preceding year of income;
(b) for the purposes of Division 16 of Part III of the Assessment Act, the deemed taxable income from primary production of the taxpayer of the preceding year of income were such amount (if any) as the Commissioner determines; and
(C) for the purposes of Division 6aa of Part III of the Assessment Act, the amount of the eligible taxable
income of the taxpayer of the preceding year of income were such amount (if any) as the Commissioner determines.
Amendment of assessments
36. Nothing in section 170 of the Principal Act prevents the amendment of an assessment made before the commencement of this Act for the purpose of giving effect to this Part.
PART VI—AMENDMENTS OF THE PAY-ROLL TAX (TERRITORIES) ASSESSMENT ACT 1971
Principal Act
37. The Pay-roll Tax (Territories) Assessment Act 19715 is in this Part referred to as the Principal Act.
Secrecy
38. Section 8 of the Principal Act is amended—
(a) by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”;
(b) by omitting from sub-section (2) “any such information so acquired by him” and substituting “any information respecting the affairs of another person acquired by the officer as mentioned in sub-section (1)”;
(c) by adding at the end of paragraph (4) (b) “or”;
(d) by omitting paragraph (4) (c); and
(e) by omitting from paragraph (4) (d) “Commonwealth Statistician” and substituting “Australian Statistician”.
PART VII—AMENDMENTS OF THE SALES TAX ASSESSMENT ACT (No. 1) 1930
Principal Act
39. The Sales Tax Assessment Act (No. 1) 19306 is in this Part referred to as the Principal Act.
Officers to observe secrecy
40. Section 10 of the Principal Act is amended—
(a) by omitting from sub-section (2) “Any person” and substituting “Any officer”;
(b) by omitting from sub-section (4) “or to the Commissioner of Income Tax for any State, or the officer or authority administering any Act
of a State relating to Stamp Duties or Succession Duties (who is authorized by law to afford similar information to the Commissioner, a Second Commissioner or a Deputy Commissioner)”; and
(c) by adding at the end the following sub-sections:
“(6) In this section, ‘officer’ means a person—
(a) who is or has been appointed or employed by the Commonwealth; or
(b) to whom powers or functions have been delegated by the Commissioner,
and who, by reason of the appointment or employment or in the course of the employment, or by reason of, or in the course of the exercise of powers or the performance of functions under, the delegation, as the case may be, may acquire or has acquired information with respect to the affairs of any other person disclosed or obtained under or for the purposes of this Act.
“(7) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”.
PART VIII—AMENDMENT OF THE SALES TAX PROCEDURE ACT 1934
Principal Act
41. The Sales Tax Procedure Act 19347 is in this Part referred to as the Principal Act.
42. After section 4 of the Principal Act the following section is inserted:
Secrecy
“4a. (1) In this section, ‘officer’ means a person—
(a) who is or has been appointed or employed by the Commonwealth; or
(b) to whom powers or functions have been delegated by the Commissioner,
and who, by reason of the appointment or employment or in the course of the employment, or by reason of, or in the course of the exercise of powers or the performance of functions under, the delegation, as the case may be, may acquire or has acquired information with respect to the affairs of any other person disclosed or obtained under or for the purposes of this Act.
“(2) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.
“(3) Subject to sub-section (5), a person who is or has been an officer shall not, except for the purposes of this Act or otherwise than in the performance of the person’s duties as an officer, directly or indirectly—
(a) make a record of any information with respect to the affairs of a second person; or
(b) divulge or communicate to a second person any information with respect to the affairs of a third person,
being information disclosed or obtained under or for the purposes of this Act and acquired by the person by reason of the person’s appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to the person of powers or functions by the Commissioner, or in the course of the exercise of such powers or the performance of such functions, as the case may be.
Penalty: $5,000 or imprisonment for 12 months, or both.
“(4) Except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act, a person who is or has been an officer shall not be required—
(a) to produce in court any document made or given under or for the purposes of this Act; or
(b) to divulge or communicate to a court a matter or thing with respect to information disclosed or obtained under or for the purposes of this Act,
being a document or information acquired by the person by reason of the person’s appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to the person of powers or functions by the Commissioner, or in the course of the exercise of such powers or the performance of such functions, as the case may be.
“(5) Nothing in sub-section (3) shall be taken to prohibit the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner from communicating any information to a person performing, as an officer, duties arising under an Act administered by the Commissioner for the purpose of enabling the person to perform those duties or to the Comptroller-General of Customs.
“(6) For the purposes of sub-section (3), an officer shall be deemed to have communicated information to another person in contravention of that sub-section if the officer communicates that information to any Minister.
“(7) An officer shall, if and when required by the Commissioner or a Deputy Commissioner to do so, make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in conformity with the provisions of this section.”.
PART IX—AMENDMENTS OF THE TAXATION ADMINISTRATION ACT 1953
Principal Act
43. The Taxation Administration Act 19538 is in this Part referred to as the Principal Act.
Secrecy
44. Section 3c of the Principal Act is amended—
(a) by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”;
(b) by inserting in paragraph (5) (a) “of State of the Commonwealth, any Minister of the Crown of a State or any Minister of the Northern Territory” after “Minister”; and
(c) by adding at the end the following sub-section:
“(7) For the purposes of this section, information communicated to the Commissioner by a person performing a function, or exercising a power, under a law of a State or of an internal Territory relating to taxation shall be taken to have been acquired by the Commissioner for the purposes of this Act.”.
45. After Part III of the Principal Act the following Part is inserted:
“PART IIIa—CO-OPERATION BETWEEN COMMONWEALTH AND STATE TAXATION AUTHORITIES
“Division 1—Interpretation
Interpretation
“13d. (1) In this Part, unless the contrary intention appears—
‘Australian Capital Territory’ includes the Jervis Bay Territory;
‘officer’ means—
(a) an officer or employee of the Australian Public Service; or
(b) a State taxation officer;
‘State’ includes the Northern Territory;
‘State Minister’ means—
(a) in relation to a State other than the Northern Territory—a Minister of the Crown of the State; or
(b) in relation to the Northern Territory—a Minister of the Northern Territory;
‘State tax law’ means a law of a State relating to taxation;
‘State taxation officer’ means—
(a) a person or authority, not being a State Minister, who or which is for the time being authorised under a law of a State to perform the functions of a State taxation officer under this Part; or
(b) a person, not being a State Minister, authorised by writing signed by a person or authority referred to in paragraph (a) to act under this Part;
‘Territory’ means the Australian Capital Territory;
‘Territory tax law’ means a law of the Territory relating to taxation;
‘Territory taxation officer’ means—
(a) a person or authority, not being a Minister of State of the Commonwealth, who or which is for the time being authorised under a law of the Territory to perform the functions of a Territory taxation officer under this Part; or
(b) a person, not being a Minister of State of the Commonwealth, authorised by writing signed by a person or authority referred to in paragraph (a) to act under this Part.
“(2) A reference in Division 3 or 4 to a State tax law includes a reference to a Territory tax law.
“(3) A reference in Division 3 or 4 to a State taxation officer includes a reference to a Territory taxation officer.
“Division 2—Trans-border investigations
State taxation officers may refer matters to Commissioner for investigation
“13e. A State taxation officer may, by writing signed by the officer, refer a matter arising under a State tax law to the Commissioner for investigation in the Territory.
Access to documents, &c.
“13f. (1) Where, under section 13e, a matter is referred to the Commissioner for investigation, the Commissioner may, by writing signed by the Commissioner, authorise an officer to conduct an investigation into that matter.
“(2) For the purposes of conducting an investigation into a matter referred to the Commissioner under section 13e, an officer authorised under sub-section (1) of this section to conduct the investigation—
(a) may, at all reasonable times, enter upon any land in the Territory;
(b) shall have full and free access at all reasonable times to all documents in the Territory; and
(c) may take extracts from, and make copies of, any documents in the Territory.
“(3) An officer who enters upon land pursuant to sub-section (2) is not authorised to remain on the land if, on request by the occupier of the land, the officer does not produce a certificate issued by the Commissioner stating that he or she is an officer authorised under sub-section (1) to conduct an investigation into a matter specified in the certificate.
Commissioner may obtain information and evidence
“13g. (1) Where, under section 13e, a matter is referred to the Commissioner for investigation, the Commissioner may, for the purposes of conducting the investigation in the Territory, by notice in writing, require any person, including any officer employed in or in connection with any department of a government or by any public authority—
(a) to furnish the Commissioner with such information as the Commissioner requires;
(b) to attend before the Commissioner, or before an officer authorised by the Commissioner for the purpose, at a time and place specified in the notice and there answer questions; and
(c) to produce to the Commissioner, or to an officer authorised by the Commissioner for the purpose, any documents in the custody or under the control of the person.
“(2) The Commissioner may require the information or answers to be verified or furnished, as the case may be, on oath or affirmation and either orally or in writing, and for that purpose the Commissioner or an officer authorised by the Commissioner may administer an oath or affirmation.
“(3) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the information is or the answers will be true.
“(4) The Commissioner may cause copies to be made of, or extracts to be taken from, any documents that are produced pursuant to paragraph (1) (c).
“(5) A person required pursuant to paragraph (1) (b) to attend before the Commissioner or an officer authorised by the Commissioner is entitled to payment of an allowance in respect of his or her expenses of an amount determined by the Commissioner in accordance with the regulations.
State taxation officers to observe secrecy in relation to trans-border investigations
“13h. (1) A person who is or has been a State taxation officer shall not, directly or indirectly, except for the purposes of the administration of a State tax law, a Territory tax law or a taxation law, make a record of, or divulge or communicate to another person, any information acquired by the first-mentioned person by reason of the exercise of the powers conferred by section 13f or 13g.
Penalty: $5,000 or imprisonment for 12 months, or both.
“(2) Except where it is necessary to do so for the purpose of carrying into effect the provisions of a State tax law, a Territory tax law or a taxation law, a person who is or has been a State taxation officer shall not be required to divulge or communicate to a court any information, or to produce in a court any document, acquired by the person by reason of the exercise of the powers conferred by section 13f or 13g.
“(3) For the purposes of sub-section (1), a person shall be deemed to have communicated information in contravention of that sub-section if the person communicates that information to any Minister of State of the Commonwealth or any State Minister.
“Division 3—Provision of Commonwealth taxation information to State taxation authorities
Provision of Commonwealth taxation information to State taxation authorities
“13j. (1) Notwithstanding anything in a secrecy provision of a taxation law, the Commissioner may communicate information disclosed or obtained under or for the purposes of a taxation law to a State taxation officer for the purposes of the administration of a State tax law if a State taxation officer is authorised by law to communicate similar information to the Commissioner.
“(2) A person to whom information is communicated under sub-section (1), or a person or employee under the control of the first-mentioned person, shall not, directly or indirectly, except for the purposes of the administration of a State tax law or a taxation law, and while he or she is, or after he or she ceases to be, such a person, make a record of, or divulge or communicate to any person, that information.
Penalty: $5,000 or imprisonment for 12 months, or both.
“(3) Except where it is necessary to do so for the purposes of carrying into effect the provisions of a State tax law or a taxation law, a person to whom information is communicated under sub-section (1) shall not be required to divulge or communicate that information to any court.
“(4) For the purposes of sub-section (2), a person shall be deemed to have communicated information in contravention of that sub-section if the person communicates that information to any Minister of State of the Commonwealth or any State Minister.
“(5) A reference in this section to a secrecy provision of a taxation law is a reference to a provision that prohibits the communication or divulging of information.
“(6) This section does not apply in relation to information disclosed or obtained under or for the purposes of the Estate Duty Assessment Act 1914 or regulations under that Act, but nothing in this section affects the power to communicate any such information.
“Division 4—Certification by State taxation officer of copies of, and extracts from, documents
Certification by State taxation officer of copies of, and extracts from, documents
“13k. (1) Where a document is obtained pursuant to a State tax law, a State taxation officer may certify a copy of the document to be a true copy.
“(2) Where, pursuant to a State tax law, a copy is made of a document, a State taxation officer may certify the copy to be a true copy.
“(3) Where a document is obtained pursuant to a State tax law, a State taxation officer may certify an extract taken from the document to be a true extract.
“(4) Where, pursuant to a State tax law, an extract is taken from a document, a State taxation officer may certify the extract to be a true extract.
“(5) Subject to sub-section (6), a document purporting to be a copy or extract certified under sub-section (1), (2), (3) or (4) shall be received in all courts and tribunals in proceedings arising out of a taxation law as evidence as if it were the original.
“(6) Sub-section (5) does not apply in relation to a document if—
(a) in the case of proceedings for an offence—evidence is adduced that the document is not a true copy or a true extract; or
(b) in any other case—it is proved that the document is not a true copy or a true extract.
“(7) Where—
(a) pursuant to a State tax law, a copy (in this section referred to as the ‘primary copy’) is made of, or an extract (in this section referred to as the ‘primary extract’) is taken from, a document (in this section referred to as the ‘original document’); and
(b) pursuant to sub-section (2) or (4), a State taxation officer has certified the primary copy to be a true copy of, or the primary extract to be a true extract taken from, the original document,
a State taxation officer may—
(c) certify a copy of the primary copy or primary extract to be a true copy; or
(d) certify an extract taken from the primary copy or primary extract to be a true extract.
“(8) Subject to sub-section (9), a document purporting to be—
(a) a copy, certified under sub-section (7), of a primary copy of, or a primary extract taken from, an original document; or
(b) an extract, certified under sub-section (7), taken from a primary copy of, or a primary extract taken from, an original document,
shall be received in all courts and tribunals in proceedings arising out of a taxation law as evidence as if it were the original document.
“(9) Sub-section (8) does not apply in relation to a document if—
(a) in the case of proceedings for an offence, evidence is adduced that—
(i) the document is not a true copy of, or a true extract taken from, the primary copy or primary extract; or
(ii) the primary copy is not a true copy of, or the primary extract is not a true extract taken from, the original document; or
(b) in any other case, it is proved that—
(i) the document is not a true copy of, or a true extract taken from, the primary copy or primary extract; or
(ii) the primary copy is not a true copy of, or the primary extract is not a true extract taken from, the original document.”.
Commissioner may obtain information and evidence
46. Section 141 of the Principal Act is amended—
(a) by omitting from paragraph (1) (c) “books, documents and other papers” and substituting “documents”; and
(b) by omitting from sub-section (2) “books, documents or other papers” and substituting “documents”.
Access to documents, &c.
47. Section 14j of the Principal Act is amended—
(a) by omitting from paragraph (1) (b) “books, documents and other papers” and substituting “documents”; and
(b) by omitting from paragraph (1) (c) “books, documents or other papers” and substituting “documents”.
48. After section 15 of the Principal Act the following section is inserted:
Certification by Commissioner of copies of, and extracts from, documents
“15a. (1) Where a document is obtained pursuant to a taxation law, the Commissioner may certify a copy of the document to be a true copy.
“(2) Where, pursuant to a taxation law, a copy is made of a document, the Commissioner may certify the copy to be a true copy.
“(3) Where a document is obtained pursuant to a taxation law, the Commissioner may certify an extract taken from the document to be a true extract.
“(4) Where, pursuant to a taxation law, an extract is taken from a document, the Commissioner may certify the extract to be a true extract.
“(5) Subject to sub-section (6), a document purporting to be a copy or extract certified under sub-section (1), (2), (3) or (4) shall be received in
all courts and tribunals in proceedings arising out of a taxation law as evidence as if it were the original.
“(6) Sub-section (5) does not apply in relation to a document if—
(a) in the case of proceedings for an offence—evidence is adduced that the document is not a true copy or a true extract; or
(b) in any other case—it is proved that the document is not a true copy or a true extract.
“(7) Where—
(a) pursuant to a taxation law, a copy (in this section referred to as the ‘primary copy’) is made of, or an extract (in this section referred to as the ‘primary extract’) is taken from, a document (in this section referred to as the ‘original document’); and
(b) pursuant to sub-section (2) or (4), the Commissioner has certified the primary copy to be a true copy of, or the primary extract to be a true extract taken from, the original document,
the Commissioner may—
(c) certify a copy of the primary copy or primary extract to be a true copy; or
(d) certify an extract taken from the primary copy or primary extract to be a true extract.
“(8) Subject to sub-section (9), a document purporting to be—
(a) a copy, certified under sub-section (7), of a primary copy of, or a primary extract taken from, an original document; or
(b) an extract, certified under sub-section (7), taken from a primary copy of, or a primary extract taken from, an original document,
shall be received in all courts and tribunals in proceedings arising out of a taxation law as evidence as if it were the original document.
“(9) Sub-section (8) does not apply in relation to a document if—
(a) in the case of proceedings for an offence, evidence is adduced that—
(i) the document is not a true copy of, or a true extract taken from, the primary copy or primary extract; or
(ii) the primary copy is not a true copy of, or the primary extract is not a true extract taken from, the original document; or
(b) in any other case, it is proved that—
(i) the document is not a true copy of, or a true extract taken from, the primary copy or primary extract; or
(ii) the primary copy is not a true copy of, or the primary extract is not a true extract taken from, the original document.”.
PART X—AMENDMENT OF THE TAXATION (INTEREST ON OVERPAYMENTS) ACT 1983
Principal Act
49. The Taxation (Interest on Overpayments) Act 19839 is in this Part referred to as the Principal Act.
Secrecy
50. Section 8 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”.
PART XI—AMENDMENTS OF THE TOBACCO CHARGES ASSESSMENT ACT 1955
Principal Act
51. The Tobacco Charges Assessment Act 195510 is in this Part referred to as the Principal Act.
Secrecy
52. Section 10 of the Principal Act is amended—
(a) by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”;
(b) by omitting from sub-section (2) “any such information so acquired by him” and substituting “any information respecting the affairs of another person acquired by the officer as mentioned in sub-section (1)”;
(c) by omitting paragraph (4) (c); and
(d) by omitting from paragraph (4) (d) “Commonwealth Statistician” and substituting “Australian Statistician”.
PART XII—AMENDMENTS OF THE WOOL TAX (ADMINISTRATION) ACT 1964
Principal Act
53. The Wool Tax (Administration) Act 196411 is in this Part referred to as the Principal Act.
Secrecy
54. Section 8 of the Principal Act is amended—
(a) by inserting after sub-section (1) the following sub-section:
“(1a) For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”;
(b) by omitting from sub-section (2) “any such information so acquired by him” and substituting “any information respecting the affairs of another person acquired by the officer as mentioned in sub-section
(c) by omitting paragraph (4) (d); and
(d) by omitting from paragraph (4) (f) “Commonwealth Statistician” and substituting “Australian Statistician”.
NOTES
1. No. 42, 1969, as amended. For previous amendments, see No. 216, 1973; Nos. 61, 92 and 127, 1981; No. 127, 1982; No. 39, 1983; and No. 123, 1984.
2. No. 142, 1982, as amended. For previous amendments, see Nos. 39 and 110, 1983; Nos. 102 and 123, 1984; and No. 65, 1985.
3. No. 52, 1941, as amended. For previous amendments, see No. 17, 1942; No. 14, 1947; No. 80, 1950; No. 1, 1953; No. 57, 1957; No. 73, 1963; No. 93, 1966; No. 41, 1967; No. 97, 1972; No. 216, 1973; No. 24, 1978; Nos. 19 and 61, 1979; Nos. 61 and 92, 1981; No. 39, 1983; No. 123, 1984; and No. 65, 1985.
4. No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No. 5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69, 1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37, 1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48, 1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No. 43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65, 1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960; Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46, 68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos. 19, 38, 76 and 85, 1967; Nos. 4, 60, 70, 87 and 148, 1968; Nos. 18, 93 and 101, 1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972; Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143, 165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171 and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24, 57, 58, 124, 133, 134 and 159, 1980; Nos. 61, 92, 108, 109, 110, 111, 154 and 175, 1981; Nos. 29, 38, 39, 76, 80, 106 and 123, 1982; Nos. 14, 25, 39, 49, 51, 54 and 103, 1983; Nos. 14, 47, 115, 123 and 124, 1984; and Nos. 47 and 49, 1985.
5. No. 77, 1971, as amended. For previous amendments, see No. 66, 1972; No. 216, 1973; No. 172, 1976; Nos. 55 and 62, 1978; Nos. 10, 19 and 64, 1979; Nos. 11 and
NOTES—continued
134, 1980; No. 69, 1981; Nos. 122 and 128, 1982; No. 39, 1983; No. 123, 1984; and Nos. 47 and 65, 1985.
6. No. 25, 1930, as amended. For previous amendments, see No. 62, 1930; No. 25, 1931; Nos. 39 and 64, 1932; Nos. 17, and 47, 1933; Nos. 16 and 29, 1934; Nos. 8, 45 and 61, 1935; No. 78, 1936; Nos. 30 and 64, 1940; No. 54, 1942; No. 1, 1953; No. 40, 1962; No. 93, 1966; No. 216, 1973; No. 197, 1978; No. 19, 1979; No. 134, 1980; Nos. 51 and 122, 1982; No. 39, 1983; No. 123, 1984; and No. 47, 1985.
7. No. 53, 1934, as amended. For previous amendments, see No. 12, 1935; No. 78, 1936; No. 63, 1940; No. 1, 1953; No. 93, 1966; No. 216, 1973; No. 123, 1984; and No. 47, 1985.
8. 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; No. 123, 1984; and Nos. 4, 47 and 65, 1985.
9. No. 12, 1983, as amended. For previous amendments, see No. 123, 1984; and Nos. 5, 47, 49 and 65, 1985.
10. No. 58, 1955, as amended. For previous amendments, see No. 43, 1962; No. 93, 1966; No. 216, 1973; No. 134, 1980; No. 122, 1982; No. 39, 1983; No. 123, 1984; and Nos. 47 and 65, 1985.
11. No. 30, 1964, as amended. For previous amendments, see No. 93, 1966; No. 216, 1973; No. 19, 1979; No. 134, 1980; No. 61, 1981; No. 122, 1982; No. 39, 1983; No. 123, 1984; and Nos. 47 and 65, 1985.
[Minister’s second reading speech made in—
House of Representatives on 19 September 1985
Senate on 15 October 1985]