TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-10 - COMMISSIONER ' S REMEDIAL POWER  

Division 370 - Commissioner ' s remedial power  

Subdivision 370-A - Commissioner ' s remedial power  

SECTION 370-5   COMMISSIONER ' S REMEDIAL POWER  

370-5(1)  
The Commissioner may, by legislative instrument, determine a modification of the operation of a provision of a *taxation law if:


(a) the modification is not inconsistent with the intended purpose or object of the provision; and


(b) the Commissioner considers the modification to be reasonable, having regard to:


(i) the intended purpose or object of the provision; and

(ii) whether the cost of complying with the provision is disproportionate to that intended purpose or object; and


(c) any of the following persons advises the Commissioner that any impact of the modification on the Commonwealth budget would be negligible:


(i) the Secretary of the Department, or an APS employee in the Department who is authorised by the Secretary for the purposes of this paragraph;

(ii) the *Finance Secretary, or an APS employee in the *Finance Department who is authorised by the Finance Secretary for the purposes of this paragraph.

370-5(2)  
If the Commissioner determines a modification of the operation of a provision of a *taxation law under subsection (1), the provision operates with the modification. Scope of determination

370-5(3)  
A modification applies generally, unless the determination states that the modification only applies:


(a) to a specified class of entities; or


(b) in specified circumstances.

370-5(4)  
An entity (the first entity ) must treat a modification as:


(a) not applying to the first entity; and


(b) not applying to any other entity;

if the modification would produce a less favourable result for the first entity.

370-5(5)  
If the Commissioner determines a modification of the operation of a provision of a *taxation law, the modification (as applied by subsection (2)) does not affect a right or liability under an order (including any judgment, conviction or sentence) made by a court before the commencement of the determination.


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