SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 3
-
Collection, recovery and administration of other taxes
History
Ch 3 inserted by
No 73 of 2006
, s 3 and Sch 5 item 41, effective 1 July 2006.
PART 3-20
-
SUPERANNUATION
History
Pt 3-20 heading substituted by No 81 of 2016, s 3 and Sch 1 item 13, effective 1 January 2017 and applicable on and after 1 July 2017. The heading formerly read:
PART 3-20
-
SUSTAINING THE SUPERANNUATION CONTRIBUTION CONCESSION
Pt 3-20 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. No 82 of 2013, s 3 and Sch 3 item 39 contains the following application provision:
39 Application
(1)
Subject to this item, the amendments made apply to the 2012-13 income year and later income years.
…
No retrospective administrative penalty
(3)
Despite subitem (1), the amendments made do not give rise to a liability to an administrative penalty under section 286-75 in Schedule 1 to the
Taxation Administration Act 1953
for failing to do a thing by a particular day, if the day is before the day this Act receives the Royal Assent [28 June 2013].
Modification for certain notice provisions
(4)
Despite subitem (1), section 133-75 in Schedule 1 to the
Taxation Administration Act 1953
, as inserted, does not require the Commissioner to give a notice before 1 July 2014.
Division 139
-
Access to perpetrators
'
superannuation for victims of child abuse
History
Div 139 inserted by No 47 of 2026, s 3 and Sch 1 item 3, effective 21 May 2026. No 47 of 2026, s 3 and Sch 1 item 14 contains the following application provision:
14 Application
Offences
(1)
The amendments apply in relation to an offence committed before, on or after the commencement of this Schedule.
…
Access to superannuation
(3)
A request under section
139-10
in Schedule
1
to the
Taxation Administration Act 1953
as inserted by this Schedule may be made on or after the day that is 12 months after the commencement of this Schedule.
(4)
The amendments apply in relation to a contribution made to a superannuation plan before, on or after the commencement of this Schedule.
Subdivision 139-C
-
Releasing money following perpetrator contributions release orders
History
Subdiv 139-C inserted by No 47 of 2026, s 3 and Sch 1 item 3, effective 21 May 2026. For application provision, see note under Div
139
heading.
Operative provisions
SECTION 139-160
PAYMENT TO VICTIM
139-160(1)
If a
*
superannuation provider pays an amount in relation to a release authority issued under section
139-115
, the Commissioner must, on behalf of the Commonwealth, pay an amount equal to the released amount to the credit of the account nominated by the victim under paragraph
139-95(b)
.
139-160(2)
The perpetrator
'
s liability to pay the victim compensation under an order mentioned in paragraph
139-55(1)(b)
is reduced by the amount paid under subsection
(1)
of this section.
Note:
For the purposes of this Division, the Commissioner may make entries in non RBA accounts to reflect that an amount released from the perpetrator
'
s superannuation interests is effectively transferred to the account nominated by the victim.
139-160(3)
The perpetrator is not entitled to be paid any amount in connection with the released amount.
139-160(4)
If:
(a)
an amount mentioned in subsection
(1)
is to be paid to the credit of the account nominated by the applicant under section
139-95(b)
; and
(b)
a court order in the nature of a garnishee order comes into force in relation to the account;
the court order mentioned in paragraph
(b)
does not apply to the amount before it is paid into the account.
History
S 139-160 inserted by No 47 of 2026, s 3 and Sch 1 item 3, effective 21 May 2026. For application provision, see note under Div
139
heading.