House of Representatives

Indirect Tax Laws Amendment (Assessment) Bill 2012

Explanatory Memorandum

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

Chapter 4 Minor amendments

Outline of chapter

4.1 Schedule 4 to this Bill makes consequential or minor amendments to the taxation laws largely relating to the amendments contained in Schedules 1 to 3 to this Bill.

Context of amendments

4.2 These amendments seek to ensure that the taxation law operates as intended, by correcting technical or drafting defects, removing anomalies and addressing unintended outcomes. These amendments are part of the Government's commitment to the care and maintenance of the taxation laws.

Summary of new law

4.3 The issues these amendments deal with include:

·
ensuring consistent references to taxation Acts in definitions;
·
repealing inoperative material; and
·
clarifying ambiguities.

Detailed explanation of new law

4.4 Schedule 4 makes a number of minor amendments to tidy up the A New Tax System (Goods and Services Tax) Act 1999 , the Taxation Administration Act 1953 and other taxation Acts.

Table 4.1 : Amendments to the A New Tax System (Goods and Services Tax) Act 1999
Provision being amended What the amendment does
43 10(7) Replaces 'amount' with '*amount' to ensure that the correct definition is used. [ Schedule 4, item 14, subsection 43-10(7 )]
47 10(1)(b) and (3)(b) These amendments replace 'tax period' with '*tax period, or *fuel tax return period' to ensure that the correct definition is used. [ Schedule 4, item 15, paragraphs 47-10(1 )( b ) and ( 3 )( b )]
Application provisions The application provision clarifies that a taxpayer's entitlements under paragraphs 47 10(1)(b) and (3)(b) applied from 1 July 2010, when section 47 10 commenced. [ Schedule 4, item 16 ]

Table 4.2 : Amendments to the Fuel Tax Act 2006
Provision being amended What the amendment does
43-10(7) Replaces 'amount' with '*amount' to ensure that the correct definition is used. [Schedule 4, item 14, subsection 43-10(7 )]
47-10(1)(b) and (3)(b) These amendments replace 'tax period' with '*tax period, or *fuel tax return period' to ensure that the correct definition is used. [Schedule 4, item 15, paragraphs 47-10(1)(b) and (3)(b )]
Application provisions The application provision clarifies that a taxpayer's entitlements under paragraphs 47-10(1)(b) and (3)(b) applied from 1 July 2010, when section 47-10 commenced. [Schedule 4, item 16]

Table 4.3: Amendments to the Income Tax Assessment Act 1997
Provision being amended What the amendment does
995-1(1) Inserts a definition of 'Deputy Commissioner' to mean a Deputy Commissioner of Taxation. [Schedule 4, item 17, subsection 995-1(1 )]
995-1(1) Inserts a definition of 'Second Commissioner' to mean a Second Commissioner of Taxation. [Schedule 4, item 18, subsection 995-1(1 )]

Table 4.4 : Amendments to the Taxation Administration Act 1953
Provision being amended What the amendment does
250-10(2) in Schedule 1 (after item 12 in the table) Inserts references to the goods and services tax (GST) on supplies made in settlement of claims under insurance policies and GST on supplies made in satisfaction of debts to the index of tax-related liabilities found in other Acts. [Schedule 4, item 19, subsection 250-10(2) in Schedule 1 (after item 12 in the table )]
255-5(2) in Schedule 1
255-45(1)(b) in Schedule 1
355-30(2)(a) in Schedule 1
355-55(1)(c) and 355-70(1)(c) in Schedule 1
357-100(b) in Schedule 1
These amendments update the references to the Second Commissioner and Deputy Commissioner to take into account the definitions added to the Income Tax Assessment Act 1997 . [Schedule 4, items 20 to 24, subsection 255-5(2) in Schedule 1 and paragraphs 255-45(1)(b ), 355-30(2)(a ), 355-55(1)(c ), 355-70(1)(c) and 357-100(b) in Schedule 1]

Application and transitional provisions

4.5 Unless otherwise specified, these amendments apply from Royal Assent.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

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

Schedule 4 - Minor amendments

4.6 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

4.7 This Schedule amends the TAA 1953, the GST Act and other taxation Acts to make technical corrections and other minor amendments to the taxation laws related to the amendments made in other Schedules to this Bill.

Human rights implications

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

Conclusion

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

Assistant Treasurer and Minister for Small Business and Minister for Sport, Senator the Hon Mark Arbib


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