DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 (REPEALED)

CHAPTER 3 - INFRASTRUCTURE BORROWINGS  

PART 3 - CERTIFICATES  

Division 1 - Issue, variation and transfer etc.  

SECTION 93TB   RECONSIDERATION OF PRE-COMMENCEMENT VARIATIONS  

93TB(1)   Request to Commissioner.  

If, during the period from the borrowings cut-off time until the commencement of the Taxation Laws Amendment (Infrastructure Borrowings) Act 1997 , the DAA approved any variation of conditions applying to a certificate, the DAA must, as soon as practicable after the commencement of that Act, request the Commissioner of Taxation in writing to advise in accordance with subsection (2).

93TB(2)   Commissioner to advise of determination.  

After receiving the request, the Commissioner must advise the DAA and the person who applied for the variation, in writing, of the determination that the Commissioner would have made under subsection 93TA(2) (assuming that section 93TA had been in force at the time) if the DAA had requested the Commissioner to make a determination in relation to the variation of the conditions immediately before they were varied.

93TB(3)   Application of subsections 93TA(3) and (6) etc.  

Subsections 93TA(3) and (6) , and Part IVC of the Taxation Administration Act 1953 , apply in the same way to the Commissioner's advice as they do to a determination under subsection 93TA(2) .

93TB(4)   Effect of advice.  

If the Commissioner advises that he or she would have determined that there was likely to be a reduction of the kind mentioned in subsection 93TA(2) , the variation of the conditions has no effect, and is taken never to have had any effect.