Tax Law Improvement Act 1997 (121 of 1997)

Schedule 9 Gifts or contributions

Part 1 Amendment of the Income Tax (Transitional Provisions) Act 1997

2 After Division 28

Insert:

Division 30 - Gifts or contributions

Table of sections

30-1 Application of Division 30 of the Income Tax Assessment Act 1997

30-5 Keeping in force old declarations and instruments

30-10 Applications for approval of testamentary gifts not yet decided

30-15 Keeping in force the guidelines for deciding testamentary gifts

30-20 Keeping in force certificates approving testamentary gifts

30-25 Keeping in force the old gifts registers

30-1 Application of Division 30 of the Income Tax Assessment Act 1997

Division 30 of the Income Tax Assessment Act 1997 applies to assessments for the 1997-98 income year and later income years.

30-5 Keeping in force old declarations and instruments

(1) This section applies to a declaration or other instrument (described in column 2 of an item in the table in this section) that is in force at the end of 30 June 1997 for the purposes of the provision of the Income Tax Assessment Act 1936 referred to in that column of the item.

(2) On and after 1 July 1997 the declaration or other instrument also has effect as if it were an approval or declaration (described in column 3 of the same item) made for the purposes of the provision of the Income Tax Assessment Act 1997 referred to in that column of the item.

Anything done on or after 1 July 1997 in relation to an approval or declaration described in column 3 of an item in the table also has effect as if it had been done in relation to the declaration or other instrument described in column 2 of that item.

On and after 1 July 1997
Item	This approval, declaration or other instrument:	also has effect as if it were:
1	An instrument certifying an institution to be a technical and further education institution for the purposes of item 2.1.7 of table 2 in subsection 78(4)	A declaration that the institution is a technical and further education institution for the purposes of item 2.1.7 of the table in subsection 30-25(1)
2	An instrument certifying that purposes of an institution covered by item 2.1.7 of table 2 in subsection 78(4), or of the college covered by item 2.2.14 of that table, relate exclusively to tertiary education	A declaration (for the purposes of section 30-30) that those purposes of the institution, or of the college, relate solely to tertiary education
3	An instrument approving an organisation, or a branch or section of an organisation, to be a marriage guidance organisation for the purposes of item 8.1.1 of table 8 in subsection 78(4)	A declaration that the organisation, or branch or section of the organisation, is a marriage guidance organisation for the purposes of item 8.1.1 of the table in subsection 30-70(1)
4	A declaration that a public fund is an eligible fund for the purposes of item 9.1.1 of table 9 in subsection 78(4)	A declaration that the public fund is a relief fund for the purposes of item 9.1.1 of the table in subsection 30-80(1)
5	An instrument approving a person as a valuer under subsection 78(18)	An approval of the person as a valuer under section 30-210
6	An instrument approving an organisation as an approved organisation for the purposes of subsection 78(21)	A declaration that the organisation is an approved organisation for the purposes of section 30-85
7	An instrument certifying a country to be a developing country for the purposes of subsection 78(21)	A declaration that the country is a developing country for the purposes of section 30-85

30-10 Applications for approval of testamentary gifts not yet decided

If, at the end of the 1996-97 income year, the Minister for Communications and the Arts has not decided a written application that you made under subsection 78(6B) of the Income Tax Assessment Act 1936, you are taken, at the start of the 1997-98 income year, to have made a written application to the Minister under section 30-235 of the Income Tax Assessment Act 1997.

Note: Subsection 78(6B) of the Income Tax Assessment Act 1936, and section 30-235 of the Income Tax Assessment Act 1997, are about applying for a certificate for approval of a gift as a testamentary gift.

30-15 Keeping in force the guidelines for deciding testamentary gifts

(1) Written guidelines made by the Minister for Communications and the Arts under subsection 78(6C) of the Income Tax Assessment Act 1936 that are in force at the end of the 1996-97 income year are taken, in the 1997-98 income year or a later income year, to be written guidelines made by the Minister under section 30-235 of the Income Tax Assessment Act 1997.

Note: The Minister must decide an application for a certificate approving a gift as a testamentary gift in accordance with these guidelines.

(2) They have effect in the 1997-98 income year or a later income year as if a reference in them to a provision of the Income Tax Assessment Act 1936 were a reference to the corresponding provision of the Income Tax Assessment Act 1997.

30-20 Keeping in force certificates approving testamentary gifts

A certificate given by the Minister for Communications and the Arts under subsection 78(6B) of the Income Tax Assessment Act 1936 that is in force at the end of the 1996-97 income year is taken, in the 1997-98 income year or a later income year, to be a certificate given by the Minister under section 30-235 of the Income Tax Assessment Act 1997.

Note: Such a certificate is an approval of a gift as a testamentary gift.

30-25 Keeping in force the old gifts registers

(1) On and after 1 July 1997, the register described in column 2 of an item in the table in this section (as the register existed at the end of 30 June 1997) also has effect as if it were the register described in column 3 of that item.

Column 2 refers to provisions of the Income Tax Assessment Act 1936. Column 3 refers to provisions of the Income Tax Assessment Act 1997.

(2) Anything done on or after 1 July 1997 in relation to the register described in column 3 of an item in the table also has effect as if it had been done in relation to the register described in column 2 of that item.

On and after 1 July 1997
Item	This register:	also has effect as if it were:
1	The register of cultural organisations kept under section 78AA	The register of cultural organisations kept under Subdivision 30-F
2	The register of environmental organisations kept under section 78AB	The register of environmental organisations kept under Subdivision 30-E

[The next Division is Division 32.]

Copyright notice

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).