Taxation Administration Act 1953

[ CCH Note: S 138-10(1) will be amended by No 75 of 2023, s 3 and Sch 4 item 18, by inserting the heading, effective 15 September 2024. For application and transitional provisions, see note under s 131-30 . The heading will read:

First home super saver determination

[ CCH Note: S 138-10(2) will be amended by No 75 of 2023, s 3 and Sch 4 items 19 - 22, by inserting the heading, substituting para (a)(i), inserting " a legal interest in " before " a lease of " in para (a)(ii) and substituting para (c), effective 15 September 2024. For application and transitional provisions, see note under s 131-30 . The heading and para (a)(i) and (c) will read:

Requesting a first home super saver determination

(i) a legal interest in an estate in fee simple in real property in Australia; or

(c) subsection (2C) applies for you.

[ CCH Note: S 138-10(2C) will be inserted by No 75 of 2023, s 3 and Sch 4 item 23, effective 15 September 2024. For application and transitional provisions, see note under s 131-30 . S 138-10(2C) will read:

138-10(2C)
This subsection applies for you if:

(a) you have not previously made a valid request for a release authority under Division 131 in relation to a *first home super saver determination made in relation to you; or

(b) one of the following subparagraphs applies for each of your previous valid requests for such a release authority:

(i) you have withdrawn the request;

(ii) the Commissioner has revoked the release authority issued in relation to the request (whether or not the release authority had previously been varied);

(iii) after one or more amendments of the request, you have withdrawn the latest of those amended requests;

(iv) the Commissioner has revoked the release authority issued in relation to the latest of one or more amendments of the request (whether or not the release authority had previously been varied).

Making a first home super saver determination etc.

[ CCH Note: S 138-10(4) will be repealed by No 75 of 2023, s 3 and Sch 4 item 24, effective 15 September 2024. For application and transitional provisions, see note under s 131-30 .]

[ CCH Note: S 138-12 and 138-13 will be inserted by No 75 of 2023, s 3 and Sch 4 item 25, effective 15 September 2024. For application and transitional provisions, see note under s 131-30 . S 138-12 and 138-13 will read:

SECTION 138-12 WITHDRAWING OR AMENDING YOUR REQUEST  

138-12(1)
You may, by notifying the Commissioner in the *approved form, withdraw or amend your valid request made under section 138-10 if:

(a) in the case of amending your request - you satisfy paragraphs 138-10(2)(a) to (c) ; and

(b) the Commissioner has not already made a *first home super saver determination in relation to your request.

138-12(2)
Your amended request is treated as a valid request under section 138-10 .

138-12(3)
Withdrawing your request does not prevent you from making a later request under section 138-10 .

SECTION 138-13 AMENDING OR REVOKING A FIRST HOME SUPER SAVER DETERMINATION  

138-13(1)
The Commissioner may decide to:

(a) amend a *first home super saver determination made in relation to you if you satisfy paragraphs 138-10(2)(a) to (c) ; or

(b) revoke a first home super saver determination made in relation to you;

at any time before the Commissioner begins treating, under Division 3 of Part IIB , any credit to which you have become entitled under section 131-65 in relation to a release authority relating to the determination.

Note:

Like other first home super saver determinations, an amended determination will need to comply with Subdivision 138-B .

138-13(2)
The Commissioner may make a decision under subsection (1) :

(a) on the Commissioner ' s own initiative; or

(b) on application by you to the Commissioner in the *approved form.

138-13(3)
If a *first home super saver determination is amended or revoked under subsection (1) at a particular time, then at that time:

(a) each of the following ceases to be valid or in force:

(i) any request under section 131-5 for a release authority in relation to that determination;

(ii) any release authority issued in relation to such a request; and

(b) any entitlement under section 131-65 you had to a credit relating to such a request ceases.

Note:

Paragraphs (a) and (b) apply to a request or release authority whether or not it has been amended or varied.

138-13(4)
Notice of an amended determination given by the Commissioner under this section is prima facie evidence of the matters stated in the notice. For the purposes of paragraph 131-5(3)(c) , the Commissioner is treated as issuing the amended determination at the time this notice is given.