Taxation Administration Act 1953

Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 3 inserted by No 73 of 2006 , s 3 and Sch 5 item 41, effective 1 July 2006.

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.

Div 135 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.

Subdiv 135-B inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.

S 135-45 repealed by No 81 of 2016, s 3 and Sch 10 item 35, effective 1 July 2018. For application provisions, see note under Div 131 heading. S 135-45 formerly read:

SECTION 135-45 WHEN COMMISSIONER MAY GIVE RELEASE AUTHORITY TO SUPERANNUATION PROVIDER  
135-45(1)
The Commissioner may, at any time, give a release authority issued under item 1 of the table in subsection 135-10(1) to one or more * superannuation providers that hold a * superannuation interest for you, if, at the end of 120 days after the date of the release authority:

(a) some or all of the * assessed Division 293 tax that is due and payable in accordance with subsection 293-65(1) or 293-70(1) (as the case requires) is unpaid; and

(b) the Commissioner reasonably believes any of the following:

(i) that you have not given the release authority to a superannuation provider that holds a superannuation interest for you in accordance with section 135-40;

(ii) that you have given the release authority to one or more superannuation providers in accordance with that section, but that the sum of the amounts to be paid by the providers under those release authorities falls short of the amount of your assessed Division 293 tax;

(iii) that the total of the * values of every superannuation interest (other than a * defined benefit interest) held for you by superannuation providers to which the release authority has been given falls short of the amount of your assessed Division 293 tax.

Note:

No payment may be made from a defined benefit interest: see subsection 135-75(4).

135-45(2)
The Commissioner may request the * superannuation provider, in writing, to pay a specified amount in relation to the release authority.

Note:

For the amount that the provider pays under a release authority, see section 135-85.

S 135-45 inserted by No 82 of 2013, s 3 and Sch 3 item 2, effective 28 June 2013. For application provision, see note under Pt 3-20 heading.