Senate

Treasury Laws Amendment (2023 Measures No. 1) Bill 2023

Supplementary Explanatory Memorandum

(Circulated by authority of the Assistant Treasurer and Minister for Financial Services, the Hon Stephen Jones MP)
Amendments to be moved on behalf of the Government

General outline and financial impact

Parliamentary amendments to Schedule 3 - Government response to the Review of the Tax Practitioners Board

Outline

The parliamentary amendments to Schedule 3 to the Bill amend the commencement date in Part 3 of Schedule 3 to the Bill from 1 July 2023, to 1 July 2024. This is as a result of the Bill remaining in the Senate for consideration beyond 1 July 2023.

Date of effect

The amendments in Part 3 of Schedule 3 to the Bill apply from 1 July 2024. The amendments in Part 1 and Part 2 of Schedule 3 to the Bill remain unchanged.

Financial impact

Nil.

Human rights implications

The parliamentary amendments to Schedule 3 to the Bill do not affect the analysis of human rights issues. See Statement of Compatibility with Human Rights - Chapter 5.

Compliance cost impact

The compliance cost impact is unchanged.

Parliamentary amendments to Schedule 4 - Off-market share buy-backs

Outline

The parliamentary amendments to Schedule 4 to the Bill change the date of effect of Part 2 of that Schedule to take effect on 18 November 2022, the day after the exposure draft legislation was released for public consultation.

Date of effect

Part 2 of Schedule 4 to the Bill, as amended, will apply to transactions announced on or after 18 November 2022.

Financial impact

The parliamentary amendments to Schedule 4 to the Bill are not estimated to impact the costing of the measure.

Human rights implications

The parliamentary amendments to Schedule 4 to the Bill do not raise any human rights issues. See Statement of Compatibility with Human Rights - Chapter 4.

Compliance cost impact

The compliance cost impact is unchanged.

Parliamentary amendments to Schedule 5 - Franked distributions funded by capital raisings

Outline

The parliamentary amendments to Schedule 5 to the Bill will better address artificial and contrived arrangements involving capital raising to fund franked distributions that accelerate the release of franking credits. Where the schedule applies, the distribution or a part of it is made unfrankable.

Date of effect

Schedule 5 to the Bill, as amended, will commence the day after Royal Assent.

Financial impact

The parliamentary amendment to Schedule 5 to the Bill to delay the start date from 15 September 2022 until after Royal Assent is estimated to have an unquantifiable cost to receipts in 2023-24. The other parliamentary amendments to Schedule 5 are estimated to have a negligible cost to receipts from 2023-24 onwards.

Human rights implications

The parliamentary amendments to Schedule 5 to the Bill do not raise human rights issues. See Statement of Compatibility with Human Rights - Chapter 4.

Compliance cost impact

The compliance cost impact is unchanged.


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