Commonwealth Numbered Acts

INCOME TAX (RATES) ACT 1976 No. 57 of 1976 - SECT 9

9. (1) In this section-

''index number'', in relation to a quarter, means-

   (a)  the All Groups Consumer Price Index number, being the weighted average
        of 6 State capital cities, published by the Australian Statistician in
        respect of that quarter; or

   (b)  if the Australian Statistician has published an index number in
        substitution for the index number referred to in paragraph (a)-the
        substituted index number;

''relevant amount'' means any of the amounts specified in column 1 of Schedule
1;
''relevant year of income'' means the year of income commencing on 1 July 1977
or a subsequent year of income.

(2) If the factor ascertained in accordance with sub-section (3) in relation
to a relevant year of income is greater than 1, this Act has effect in
relation to that relevant year of income as if for each relevant amount there
were substituted an amount calculated by multiplying-

   (a)  in a case to which paragraph (b) does not apply-the relevant amount;
        or

   (b)  if, by virtue of another application or other applications of this
        section, this Act had effect in relation to a year of income or years
        of income preceding that relevant year of income as if another amount
        or other amounts were substituted for the relevant amount-the
        substituted amount or the last substituted amount, as the case may be,
        by that factor or, where a lesser factor is prescribed by regulations
        made under sub-section (4) in relation to that
        relevant year of income, by that lesser factor.

(3) The factor to be ascertained for the purposes of sub-section (2) in
relation to the relevant year of income is the number ascertained by dividing
the sum of-

   (a)  the index number in respect of the March quarter immediately preceding
        that relevant year of income; and

   (b)  the index numbers in respect of the 3 quarters that immediately
        preceded that quarter, by the sum of-

   (c)  the index number in respect of the March quarter immediately preceding
        the year of income that next preceded that relevant year of income;
        and

   (d)  the index numbers in respect of the 3 quarters that immediately
        preceded that last-mentioned quarter.

(4) The Governor-General may make regulations prescribing, in relation to a
relevant year of income, a factor (not being a factor less than 1) for the
purposes of sub-section (2).

(5) In making regulations prescribing a factor in relation to a relevant
year of income, the Governor-General shall have regard to-

   (a)  whether any factor ascertained in accordance with sub-section (3) in
        relation to a year of income preceding that relevant year of income
        was less than 1; and

   (b)  the extent (if any) that the factor ascertained in accordance with
        sub-section (3) in relation to that relevant year of income was
        contributed to by indirect taxes.

(6) Except in the case of a year of income in relation to which a factor has
been prescribed by regulations made under sub-section (4), the Treasurer shall
cause to be published in the Gazette before the commencement of each relevant
year of income the factor ascertained in accordance with sub-section (3) in
relation to that year of income.

(7) Where, but for this sub-section, this Act would, by virtue of the
preceding provisions of this section, have effect in relation to a relevant
year of income as if for a relevant amount there were substituted another
amount that consists of a number of whole dollars and a number of cents (in
this sub-section referred to as the ''relevant number of cents'')-

   (a)  in the case where the relevant number of cents is less than 50-the
        other amount shall be reduced by the relevant number of cents; or

   (b)  in any other case-the other amount shall be increased by the amount by
        which the relevant number of cents is less than $1.