House of Representatives
Tax Laws Amendment (2009 Budget Measures No. 2) Bill 2009
Addendum to the Explanatory MemorandumCirculated By the Authority of the Treasurer, the Hon Wayne Swan Mp
Insert the following after paragraph 2.37:
Review rights relating to the Commissioner's discretion
2.37A The Commissioner's exercise of a discretion under the non-commercial losses rules (including a decision not to exercise a discretion) is a matter leading up to or forming part of the making of an income tax assessment.
2.37B All decisions leading up to or forming part of the making of an income tax assessment are subject to a formal review process (including internal review and review by the Administrative Appeals Tribunal and Federal Court of Australia).