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-B
-
Perpetrator contributions release orders
History
Subdiv 139-B 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 139-90
PERPETRATOR MUST NOTIFY COURT ABOUT CERTAIN THINGS
Circumstances existing when application is made
139-90(1)
The perpetrator must notify the Court if any of the following circumstances exist at the time the perpetrator is given notice of the application under section
139-55
:
(a)
an application mentioned in subsection
139-60(2)
(other than in paragraph
(f)
) has been made in relation to the perpetrator and has not been finally determined;
(b)
the perpetrator is aware that an application for a restraining order has been made in relation to the perpetrator
'
s
*
superannuation interests and has not been finally determined;
(c)
a restraining order is in force in relation to the perpetrator
'
s superannuation interests;
(d)
the perpetrator is a bankrupt in respect of a bankruptcy from which the perpetrator has not been discharged.
139-90(2)
The notice must be given as soon as practicable after the perpetrator is given notice of the application made under section
139-55
.
Things happening after application has been made
139-90(3)
The perpetrator must notify the Court if any of the following events occur after the perpetrator is given notice of the application under section
139-55
(but before the application is finally determined):
(a)
an application mentioned in subsection
139-60(2)
(other than in paragraph
(f)
) is made in relation to the perpetrator;
(b)
an application mentioned in subsection
139-60(2)
(other than in paragraph
(f)
) in relation to the perpetrator is finally determined;
(c)
a restraining order is made in relation to the perpetrator
'
s
*
superannuation interests;
(d)
a restraining order made in relation to the perpetrator
'
s superannuation interests ceases to be in force;
(e)
the perpetrator becomes bankrupt;
(f)
the perpetrator
'
s bankruptcy is discharged.
139-90(4)
The notice must be given as soon as practicable after the event occurs.
Offence
139-90(5)
A person commits an offence if:
(a)
the person is subject to a requirement under subsection
(1)
or
(3)
; and
(b)
the person fails to comply with the requirement.
Penalty: 50 penalty units.
History
S 139-90 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.