TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING  

Division 12 - Payments from which amounts must be withheld  

Subdivision 12-H - Distributions of withholding MIT income  

Operative provisions

SECTION 12-430   MEANING OF CLEAN BUILDING  

12-430(1)  
A building is a clean building if:


(a) the construction of the building commenced on or after 1 July 2012; and


(b) it satisfies the requirements in subsections (3) and (4).

12-430(2)  
For the purpose of subsection (1):


(a) the construction of the building is taken to have commenced at the time the works on the lowest level (including any basement level) of the building commence; and


(b) the construction of the building is not taken to have commenced merely because works preparing the site for construction, or works undertaken below the lowest level of the building (including any basement level), have commenced.

12-430(3)  
A building satisfies the requirements in this subsection if:


(a) the building is a commercial building that is any of the following (or is a combination of any of the following):


(i) an office building;

(ii) a hotel for use wholly or mainly to provide short-term accommodation for travellers;

(iii) a shopping centre; or


(b) the building satisfies the requirements prescribed by the regulations for the purposes of this paragraph.

12-430(4)  
A building satisfies the requirements in this subsection if:


(a) the building:


(i) has, and continues to maintain at all times during the income year, at least a 5 Star Green Star rating as certified by the Green Building Council of Australia; or

(ii) has, and continues to maintain at all times during the income year, at least a 5.5 star energy rating as accredited by the National Australian Built Environment Rating System ( NABERS ); or


(b) the building satisfies the requirements prescribed by the regulations for the purposes of this paragraph.

12-430(5)  
For the purposes of subsection (4), if:


(a) a building has previously satisfied the requirements in that subsection; and


(b) the building then fails to satisfy the requirements for a period (the non-compliance period ); and


(c) within 180 days after the first day of that failure, the building again satisfies the requirements;

treat the building as having satisfied the requirements during the non-compliance period.




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