2002-2003
   The Parliament of the
   Commonwealth of Australia
   HOUSE OF REPRESENTATIVES
   Presented and read a first time
   Family Assistance Legislation Amendment (Extension of Time Limits) Bill
   2003
   No. , 2003
   (Family and Community Services)
   A Bill for an Act to extend time limits in relation to family tax
   benefit and child care benefit, and for related purposes

   Contents

   Part 1--Amendment of the A New Tax System (Family Assistance)
   (Administration) Act 1999 3

   Part 2--Amendment of the Income Tax Assessment Act 1997 5

   A Bill for an Act to extend time limits in relation to family tax
   benefit and child care benefit, and for related purposes

   The Parliament of Australia enacts:

      1 Short title

   This Act may be cited as the Family Assistance Legislation Amendment
   (Extension of Time Limits) Act 2003.

      2 Commencement

   This Act commences on the day on which it receives the Royal Assent.

      3 Schedule(s)

   Each Act that is specified in a Schedule to this Act is amended or
   repealed as set out in the applicable items in the Schedule concerned,
   and any other item in a Schedule to this Act has effect according to
   its terms.

        Schedule 1--Extension of time limits relating to family tax benefit and
        child care benefit

   Part 1--Amendment of the A New Tax System (Family Assistance)
   (Administration) Act 1999

   1 Paragraph 10(2)(b)

   Omit "next income year", substitute "2 income years immediately
   following that income year".

   2 Subsection 28(3)

   Repeal the subsection, substitute:

   Consequence where income tax returns are later lodged

   (3) If:

   (a) after the Secretary varies the determination under subsection (2),
   an assessment is made under the Income Tax Assessment Act 1936 for the
   cancellation income year for everyone (the taxpayers involved):

   (i) who was required to lodge an income tax return as mentioned in
   subparagraph (1)(b)(iii); and

   (ii) in respect of whom an assessment had not been made before the
   determination was varied; and

   (b) the Secretary is satisfied that the claimant was eligible for an
   amount (the recalculated amount) of family tax benefit for the
   cancellation days;

   the Secretary must again vary the determination so that it has the
   effect that, for the cancellation days, the claimant is entitled to be
   paid:

   (c) if income tax returns for the cancellation year for the taxpayers
   involved were lodged with the Commissioner of Taxation during the
   income year that began 2 years after the beginning of the cancellation
   income year--the recalculated amount; or

   (d) in any other case--the lesser of:

   (i) the recalculated amount; and

   (ii) the amount that the claimant was entitled to be paid before the
   variation under subsection (2) was made.

   3 Paragraph 49J(2)(b)

   Omit "following income year", substitute "2 income years immediately
   following that income year".

   4 Paragraph 154A(3)(b)

   Omit "2 years", substitute "3 years".

   5 Subsection 154A(4)

   Omit "2 years", substitute "3 years".

   6 Application of this Part

   (1) The amendment made by item 1 applies to a claim for payment of
   family tax benefit made either before or after the commencement of this
   Part, if the claim is for a past period that falls wholly within the
   income year beginning on 1 July 2001 or any later income year.

   (2) The amendment made by item 2 applies in respect of cancellation
   days occurring in the income year beginning on 1 July 2001 or any later
   income year.

   (3) The amendment made by item 3 applies to a claim for payment of
   child care benefit made either before or after the commencement of this
   Part, if the claim is for a past period that falls wholly within the
   income year beginning on 1 July 2001 or any later income year.

   (4) The amendment made by item 4 applies to a determination of taxable
   income made on or after 1 July 2003 (including after the commencement
   of this item).

   (5) The amendment made by item 5 applies to tax file numbers provided
   either before or after the commencement of this Part to the
   Commissioner in respect of the income year beginning on 1 July 2001 or
   any later income year.

   Part 2--Amendment of the Income Tax Assessment Act 1997

   7 Paragraph 25-7(b)

   Before "you", insert "if the claim is for a period in an income year
   other than the 2001-2002 income year--".

   8 At the end of section 25-7

   Add:

   ; and (c) if the claim is for a period in the 2001-2002 income year:

   (i) you lodge the claim in the 2002-2003 income year with an officer of
   the Australian Taxation Office (within the meaning of that Act) for
   determination by such an officer; or

   (ii) you lodge the claim in the 2003-2004 income year with an officer
   of the Commonwealth Services Delivery Agency (within the meaning of the
   Commonwealth Services Delivery Agency Act 1997) for determination by
   that officer.

   9 Application

   The amendments made by this Part apply to fees or commission incurred,
   and in relation to advice provided, either before or after the
   commencement of this Part.