TAXATION ADMINISTRATION ACT 1953

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

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-35 - REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES  

Division 426 - Process of endorsing charities and other entities  

Subdivision 426-C - Entries on Australian Business Register  

SECTION 426-65   ENTRIES ON AUSTRALIAN BUSINESS REGISTER  

426-65(1)  
If an entity that is endorsed in any of these ways:


(a) as a charity under subsection 176-1(1) of the *GST Act;


(b) (Repealed by 169 of 2012)


(ba) as an approved worker entitlement fund under subsection 58PB(3) of the Fringe Benefits Tax Assessment Act 1986 ;


(bb) for the operation of an approved worker entitlement fund under subsection 58PB(3A) of the Fringe Benefits Tax Assessment Act 1986 ;


(c) as a public benevolent institution under subsection 123C(1) of the Fringe Benefits Tax Assessment Act 1986 ;


(d) (Repealed by No 169 of 2012)


(e) as a health promotion charity under subsection 123D(1) of the Fringe Benefits Tax Assessment Act 1986 ;


(f) as a registered charity covered by table item 1 in subsection 65J(1) of the Fringe Benefits Tax Assessment Act 1986 under subsection 123E(1) of that Act;


(g) as exempt from income tax under section 50-105 of the Income Tax Assessment Act 1997 ;

the *Australian Business Registrar must enter in the *Australian Business Register a statement that the entity is so endorsed for a specified period.

Note 1:

An entry (or lack of entry) of a statement required by this section does not affect concessions available to the entity under the Act for the purposes of which it is endorsed.

Note 2:

For entities and government entities that are endorsed under section 30-120 of the Income Tax Assessment Act 1997 , see section 30-229 of that Act.

426-65(2)  
The *Australian Business Registrar may remove the statement from the *Australian Business Register after the end of the period.

426-65(2A)  


If the endorsed entity is also registered under the Australian Charities and Not-for-profits Commission Act 2012 as an entity of a particular type or subtype, the *Australian Business Registrar must also enter in the *Australian Business Register:


(a) a statement that the entity is so registered; and


(b) a statement as to the date of effect of the registration.

426-65(2B)  


The *Australian Business Registrar may remove the statements from the *Australian Business Register if the registration is revoked under the Australian Charities and Not-for-profits Commission Act 2012 .

426-65(3)  
The *Australian Business Registrar must take reasonable steps to ensure that a statement appearing in the *Australian Business Register under this section is true. For this purpose, the Registrar may:


(a) change the statement; or


(b) remove the statement from the Register if the statement is not true; or


(c) remove the statement from the Register and enter another statement in the Register under this section.

426-65(4)  


Making, changing or removing an entry in the *Australian Business Register as required or permitted by this section does not contravene section 355-25 or 355-155 .



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