House of Representatives

Tax Laws Amendment (2012 Measures No. 3) Bill 2012

Income Tax (Seasonal Labour Mobility Program Withholding Tax) Bill 2012

Income Tax (Seasonal Labour Mobility Program Withholding Tax) Act 2012

Tax Laws Amendment (Income Tax Rates) Bill 2012

Explanatory Memorandum

(Circulated by the authority of the Deputy Prime Minister and Treasurer, the Hon Wayne Swan MP)

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Seasonal Labour Mobility Program - final withholding tax

1.57 This Schedule is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview

1.58 This Schedule:

·
inserts Subdivision 12-FC in Schedule 1 to the TAA 1953 which creates the obligations to withhold amounts;
·
inserts Subdivision 840-S in the ITAA 1997 which establishes the liability to pay tax on income derived under the Program;
·
inserts Subdivision 840-S into the IT(TP) Act 1997; and
·
makes consequential amendments to the ITAA 1936, the ITAA 1997 and the TAA 1953.

1.59 The formal imposition of income tax, and the establishment of the applicable rate of tax, is provided for by means of the Income Tax (Seasonal Labour Mobility Program Withholding Tax) Bill 2012.

Human rights implications

1.60 This Schedule does not engage any of the applicable rights or freedoms.

Conclusion

1.61 This Schedule is compatible with human rights as it does not raise any human rights issues.

Assistant Treasurer, the Hon David Bradbury


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