Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)Chapter 2 - Technical corrections
2.1 The Bill makes a number of technical corrections to the following Acts and Bills.
2.2 The following amendments will apply from the date of Royal Assent unless stated otherwise.
Explanation of the amendments
2.3 The definition of 'rebated tax' in subsection 159ZR(1) is amended to replace the reference to a section 160AA rebate with a reference to a section 159SA rebate. This is necessary because section 160AA was repealed in 1989 and replaced by section 159SA. This amendment applies to payments made on or after the date of Royal Assent [items 1 and 4 of Schedule 2] .
2.4 Paragraph 221YHZDAC(1)(a) is amended to correct a transpositional error in the reference to subsection 221YHZC(1A) [item 2 of Schedule 2].
2.5 The note in subsection 222AHD(3) is amended to refer to subsection (3) and not subsection (2) [item 3 of Schedule 2] .
2.6 Subsection 78(3) and Items 10.2.2 and 10.2.3 of Table 10 in subsection 78(4) are amended to reflect the name change of 'Girl Guides Association of Australia' to 'Guides Australia Incorporated'. These amendments apply to gifts made on or after 2 July 1996, the date on which the name change occurred [items 1, 2, 3 and subitem 7(1) of Schedule 3] .
2.7 Subsection 264(2) is amended by inserting after 'oath' (wherever occurring) the words 'or affirmation'. This amendment will enable the Commissioner to require information or evidence required under a section 264 notice to be given upon oath or by way of affirmation and ensures consistency with other provisions in the ITAA 1936 [item 17 of Schedule 6] .
2.8 Items 10.2.2 and 10.2.3 of section 30-90 and the index of subsection 30-315(2) are amended to reflect the name change of 'Girl Guides Association of Australia' to 'Guides Australia Incorporated'. These amendments apply to assessments for the 1997-98 and later income years [items 4, 5, 6 and subitem 7(2) of Schedule 3] .
Taxation Laws Amendment Act (No. 4) 1995 (TLAA (No. 4) 1995)
2.9 In item 12 of Schedule 2 of TLAA (No. 4) 1995, a comma which is not in the Act being amended (the ITAA 1936) was included in a phrase to be omitted. That item is amended by removing the comma. This amendment commences immediately after the commencement of item 12 of Schedule 2 to the TLAA (No. 4) 1995 [item 20 of Schedule 6; subclause 2(11)] .
2.10 Items 134 and 136 of Schedule 2 of TLAA (No. 4) 1995 only included the word 'rebate' once in the phrase to be omitted. These items are amended by adding the word 'rebate' to the omitted phrases. This amendment commences immediately after the commencement of item 134 of Schedule 2 to the TLAA (No. 4) 1995 [item 21 of Schedule 6; subclause 2(12)].
Taxation Laws Amendment Act (No. 2) 1997 (TLAA (No. 2) 1997)
2.11 The word 'company' was incorrectly added to items 9 and 10 of Schedule 3 to the TLAA (No. 2) 1997. The proposed amendments will delete the word 'company' from these items. This amendment commences immediately after the commencement of items 9 and 10 of Schedule 3 to the TLAA (No. 2) 1997 [item 22 of Schedule 6; subclause 2(13)] .
2.12 A reference was made to 'Paragraph 170-40(1)(a) instead of 'Subsection 170-40(1)' in the heading of item 16 of Schedule 3 to the TLAA (No. 2) 1997. The proposed amendment will correct this technical error [item 23 of Schedule 6] .
2.13 The application clause contained in item 18 of Schedule 3 to the TLAA (No. 2) 1997 incorrectly referred to item 9 instead of items 15-17 inclusive. The proposed amendments will correct this error, and insert a separate application provision for each item [item 24 of Schedule 6] .
2.14 The amendments made by items 23 and 24 commence immediately after the TLAA (No. 2) 1997 received Royal Assent [subclause 2(14)] .
FBTAA 1986 and related amendments to the ITAA 1936
2.15 Subsection 10(3D) of the FBTAA 1986 is amended by deleting the reference to subsection 162M(2), because section 162M has been repealed [item 1 of Schedule 5] .
2.16 The term 'log books' is replaced with 'log book records' in the following provisions in the FBTAA 1986, so that terminology is consistent:
- •
- paragraph 10A(a) [item 2 of Schedule 5] ;
- •
- paragraph 10A(c) [item 4 of Schedule 5] ;
- •
- subparagraph 24(1)(ea)(iv) [item 5 of Schedule 5] ;
- •
- subparagraph 44(1)(da)(iv) [item 8 of Schedule 5] ;
- •
- subparagraph 52(1)(da)(iv) [item 9 of Schedule 5] ; and
- •
- paragraph 65E(a) [item 10 of Schedule 5] .
2.17 Paragraphs 10A(a) and 65E(a) are further amended to replace the term 'applicable log period' with 'applicable log book period' [items 3 and 11 of Schedule 5] . These amendments ensure that the terms are consistent throughout the FBTAA 1986.
2.18 Section 37BA is amended by inserting 'year', so that a reference is made to 'the FBT year' [item 6 of Schedule 5] .
2.19 Paragraph 37CE(1)(b) is amended to correctly refer to 'an associate of the employee' rather than 'an associate of the employer' [item7 of Schedule 5] . The heading to section 37CF is altered by omitting 'Fraudulent' and substituting 'False or misleading' [item 7] .
2.20 The definition of 'entertainment facility leasing expenses' in subsection 136(1) is amended to ensure consistent use of terminology in the FBTAA 1986 [item 14 of Schedule 5] and to remove words that are repeated [item 13 of Schedule 5] .
2.21 The amendments to the FBTAA 1986 will apply to FBT assessments for the 1998-99 FBT year and later FBT years.
2.22 The definition of 'total deductions for register meal entertainment' in subsection 51AEB(2) of the ITAA 1936 is corrected to refer to SubdivisionC of Division 9A of the FBTAA 1986 [item 16 of Schedule 5] .
2.23 The heading to subsection 89FB(2) is altered by omitting the word 'benefits' and substituting 'deductions' [item 17 of Schedule 5] .
2.24 Subsection 89FB(7) is amended to refer to 'taxpayer' rather than 'employer' [item 18 of Schedule 5] .
2.25 This Act made certain amendments related to the Debits Tax Administration Act 1982 . In Item 49 of Schedule 2 (note) to the Act, the words 'of section 56' were omitted after the word 'commencement'. The proposed amendment will correct this technical error [item 25 of Schedule 6] .
Industry Research and Development Act 1986
2.26 Paragraph 39HD(1)(a) (second occurring) has been incorrectly lettered. The proposed amendment will reletter the paragraph as paragraph (b) [item 26 of Schedule 6] .