Tax Laws Amendment (2006 Measures No. 7) Act 2007 (55 of 2007)
Schedule 3 Streamline gift fund and integrity arrangements for deductible gift recipients
Taxation Administration Act 1953
8 At the end of Division 353 in Schedule 1
353-20 Checking status of specifically listed deductible gift recipients
(1) The Commissioner may require a *deductible gift recipient covered by this section to give the Commissioner information or a document that is relevant to the deductible gift recipients status as a deductible gift recipient. The deductible gift recipient must comply with the requirement.
Note: Failure to comply with this subsection is an offence against section 8C.
(2) If the Commissioner is satisfied of any of the matters set out in subsection (4) in relation to a *deductible gift recipient covered by this section, the Commissioner must, within 28 days, give written notice to the Minister about that fact.
(3) The Minister may only disclose information provided under subsection (2) for a purpose relating to the removal of the name of the *deductible gift recipient from:
(a) Division 30 of the Income Tax Assessment Act 1997; or
(b) regulations made for the purposes of the definition of *prescribed private fund.
(4) The matters are as follows:
(a) the *deductible gift recipient fails or ceases to use gifts, contributions or money received solely for the principal purpose of the relevant fund, authority or institution;
(b) there is a change in the principal purpose of the relevant fund, authority or institution;
(c) the deductible gift recipient fails or ceases to comply with any rules or conditions made by the Prime Minister or any other Minister relating to the recipient being or becoming a deductible gift recipient.
(5) The requirement in subsection (1):
(a) is to be made by notice in writing to the *deductible gift recipient; and
(b) may ask the deductible gift recipient to give the information in writing; and
(c) must specify:
(i) the information or document the deductible gift recipient is to give; and
(ii) the period within which the deductible gift recipient is to give the information or document.
The period specified under subparagraph (c)(ii) must end at least 28 days after the notice is given.
(6) This section covers *deductible gift recipients, other than:
(a) an entity or *government entity that is endorsed under Subdivision 30-BA of the Income Tax Assessment Act 1997 as a deductible gift recipient; and
(b) an entity or government entity that is endorsed under that Subdivision as a deductible gift recipient for the operation of a fund, authority or institution.
(7) In a prosecution of a person for an offence against section 8C of this Act because of this section as it applies because of Division 444, it is a defence if the person proves that the person:
(a) did not aid, abet, counsel or procure the act or omission because of which the offence is taken to have been committed; and
(b) was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the act or omission because of which the offence is taken to have been committed.