INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 376 - Films generally (tax offsets for Australian production expenditure)  

Subdivision 376-D - Certificates for films and other matters  

SECTION 376-245   Revocation of certificate  

376-245(1)  
The * Arts Minister may revoke a certificate issued to a company for a * film under section 376-20 (certificate for the location offset) or 376-45 (certificate for the PDV offset) if:


(a) the Minister is satisfied that the issue of the certificate was obtained by fraud or serious misrepresentation; or


(b) the company does not provide a copy of the film to the Minister within 30 days of when the film is * completed.

376-245(2)  
If the * Arts Minister revokes a certificate under subsection (1), the Minister must give the company to whom the certificate was issued written notice of the revocation (including reasons for the decision to revoke the certificate).

376-245(3)  
The * film authority may revoke a certificate issued to a company for a * film under section 376-65 (certificate for the producer offset) if the authority is satisfied that the issue of the certificate was obtained by fraud or serious misrepresentation.

376-245(4)  
If the * film authority revokes a certificate under subsection (3), the authority must give the company to whom the certificate was issued written notice of the revocation (including reasons for the decision to revoke the certificate).

376-245(5)  
If a certificate is revoked under subsection (1) or (3), it is taken, for the purposes of this Division, never to have been issued.

Note:

This means that if an assessment of a company ' s income tax is issued on the basis that the company is entitled to a tax offset for a film and the certificate for the film is then revoked, the assessment will be amended to take account of the fact that the company was never entitled to the tax offset: see section 376-270 .

376-245(6)  
Subsection (5) does not apply for the purposes of:


(a) the operation of this section or section 376-250 ; or


(b) a review by a court or the * AAT of the decision to revoke the certificate.


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