DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 (REPEALED)

CHAPTER 3 - INFRASTRUCTURE BORROWINGS  

PART 3 - CERTIFICATES  

Division 1 - Issue, variation and transfer etc.  

SECTION 93TA   CONDITIONS NOT TO BE VARIED IF TOTAL TAX PAYABLE REDUCED  

93TA(1)   Request to Commissioner of Taxation.  

If, after the commencement of the Taxation Laws Amendment (Infrastructure Borrowings) Act 1997 , the DAA becomes satisfied as mentioned in section 93T of this Act in relation to an application to vary the conditions applying to a certificate, the DAA must request the Commissioner of Taxation in writing to make a determination in accordance with subsection (2).

93TA(2)   Nature of determination.  

After receiving the request, the Commissioner must determine whether or not, if the conditions are varied in accordance with the application, there is likely to be, as a result of the variation, a reduction in the sum of the present values (worked out when the Commissioner makes the determination) of all amounts of tax that have or may become payable, under Acts of which the Commissioner of Taxation has the general administration, by the persons whose liability to tax may be affected by the variation.

93TA(3)   Information to Commissioner.  

The DAA must give the Commissioner any information that the Commissioner requires for the purposes of making the determination.

93TA(4)   Written advice of determination.  

The Commissioner must advise the DAA and the applicant in writing of the Commissioner's determination.

93TA(5)   Conditions not to be varied unless reduction unlikely.  

The DAA must not vary the conditions if the Commissioner's determination is that there is likely to be a reduction of the kind mentioned in subsection (2).

93TA(6)   Objections.  

If the applicant is dissatisfied with the determination by the Commissioner, the applicant may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .