Income Tax Assessment Act 1997
View history note
Hide history noteYou can deduct a gift that you make to a public fund covered by item 9.1.1 of the table in subsection 30-80(1) only if the declaration is in force at the time you make the gift. 30-85(2)
The Minister may, by legislative instrument, declare a public fund to be a developing country relief fund if he or she is satisfied that the fund: (a) has been established by an organisation declared by the *Foreign Affairs Minister to be an approved organisation; and (b) is solely for the relief of people in a country that:
(i) is included in the list of official development assistance recipients published from time to time by the Organisation for Economic Co-operation and Development ' s Development Assistance Committee; or
(ii) is declared by the Foreign Affairs Minister to be a developing country.
Note:
In 2019, the list of official development assistance recipients was available on the OECD ' s website (http://www.oecd.org).
A declaration made by the Minister under subsection (2) must not take effect earlier than the day after it is registered on the Federal Register of Legislation under the Legislation Act 2003 .
The Minister may, by legislative instrument, revoke a declaration made by the Minister under subsection (2) . The revocation must not take effect earlier than the day after the instrument is registered on the Federal Register of Legislation under the Legislation Act 2003 .
A declaration by the *Foreign Affairs Minister under this section must be in writing, signed by the Foreign Affairs Minister.
[
CCH Note:
S 30-85 will be substituted by No 40 of 2023, s 3 and Sch 3 item 18, effective 1 January 2024. For transitional provision, see note under s
30-80(1)
. S 30-85 will read:
SECTION 30-85 Developing country relief funds
]
30-85(1)
For the purposes of item 9.1.1 of the table in subsection
30-80(1)
, a country is covered by this section if:
(a)
it is included in the list of official development assistance recipients published from time to time by the Organisation for Economic Co-operation and Development
'
s Development Assistance Committee; or
(b)
it is specified in a declaration under subsection
(2)
of this section.
30-85(2)
For the purposes of paragraph
(1)(b)
, the *Foreign Affairs Minister may, by legislative instrument, make a declaration specifying a country as a developing country.
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