Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 1) 1995No. 120, 1995 - SCHEDULE 2

                          SCHEDULE 2                   Section 3

OTHER AMENDMENTS
PART 1-CIVIL PENALTIES AND TAXATION OFFENCES
Division 1-Object
1. Object The object of this Part is to ensure that a person cannot be
prosecuted for a taxation offence and also be required to pay a civil penalty
for the same act or omission.
Division 2-Taxation Administration Act 1953
2. Section 8ZE: Repeal the section, substitute: Civil penalty not payable if
prosecution instituted

"8ZE. If:

   (a)  a person is liable to pay by way of penalty (other than for an
        offence) an amount under a taxation law because of an act or omission
        of the person; and

   (b)  a prosecution is instituted against the person for a taxation offence
        constituted by the act or omission; then (whether or not the
        prosecution is withdrawn):

   (c)  the person is not liable to pay the amount; and

   (d)  any amount paid, or applied by the Commissioner, in total or partial
        discharge of that liability is to be refunded to the person, or
        applied by the Commissioner in total or partial discharge of another
        tax liability of the person.
Note:     An example of a penalty referred to in paragraph (a) is a
penalty payable under section 226G of the Income Tax Assessment Act  1936 .".
Division 3-Other Acts
Subdivision A-Income Tax Assessment Act 1936
3. Sections 220AW, 221NB, 221YHLB, 221YHZG, 221ZDB and 221ZQB: Repeal the
sections.
4. Subsections 221YN(8), (9) and (10): Omit the subsections.
Subdivision B-Fringe Benefits Tax Assessment Act 1986
5. Paragraph 93(2)(c): Omit "subsection 8ZE(1)", substitute "section 8ZE".
Subdivision C-Training Guarantee (Administration) Act 1990
  6.   Paragraph 75(2)(c):
Omit "subsection 8ZE(1)", substitute "section 8ZE".
7. Application The amendments made by this Part apply where:

   (a)  a prosecution is instituted on or after the day on which this Act
        receives the Royal Assent; or

   (b)  a prosecution is instituted before that day and is withdrawn on or
        after that day.
PART 2-SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992
8. Subsection 23(2): Omit "subsections (6) and (7)", substitute "subsections
(6), (6A) and (7)".
9. Subsection 23(3): Omit "subsections (6) and (7)", substitute "subsections
(6), (6A) and (7)".
10. Subsection 23(4): Omit "subsections (6) and (7)", substitute "subsections
(6), (6A) and (7)".
11. Subsection 23(5): Omit "subsections (6) and (7)", substitute "subsections
(6), (6A) and (7)".
12. Subsection 23(6A): Omit the subsection, substitute: (Certain contributions
may be taken into account for any of several periods)

"(6A) A contribution to a complying superannuation fund made by an employer
for the benefit of an employee in the period starting on the first day of a
year and ending on the twenty-eighth day after the end of the year may be
taken into account under this section as if it had been made in any of the
contribution periods in the year.

"(6B) Subsection (6A) applies in relation to the year that began on 1 July
1993 and all later years.".
13. Subsection 23(7): Omit all words after "30 June 1993", substitute "if the
contribution is made not more than 12 months before the beginning of the
contribution period.".
Note:     The following heading to subsection 23(7) is inserted: "(Certain
contributions made before a period may be taken into account for the period)".
PART 3-TAXATION ADMINISTRATION ACT 1953
Division 1-Notice etc. of rulings
14. Subsection 14ZAAI(1): Add at the end ", and publishing notice of it in the
Gazette.".
15. Subsection 14ZAAI(2): Omit the subsection, substitute:

"(2) A public ruling must:

   (a)  state that it is a public ruling for the purposes of this Part; and

   (b)  include a number and a subject heading by which it can be identified.

"(3) The notice in the Gazette must include:

   (a)  the number and subject heading by which the public ruling is
        identified (see subsection 14ZAAI(2)); and

   (b)  a brief description of the public ruling.".
16. Section 14ZAAJ: Omit all the words after "made", substitute "at the later
of the time when it is published and the time when the notice of it is
published in the Gazette.".
17. Subsection 14ZAAK(1): Add at the end "in the Gazette".
18. Application The amendments made by this Division apply to rulings
published after 30 June 1995.
Division 2-Rounding down of tax liabilities
19. After section 16A: Insert: Tax liability to be decreased to nearest
multiple of 5 cents

"16B.(1) If the amount of a tax liability is not a multiple of 5 cents at the
time the liability arises, the amount is to be decreased to the nearest
multiple of 5 cents. "(2) In subsection (1):
'tax liability' means a liability to the Commonwealth arising under, or by
virtue of, any of the following:

   (a)  this Act;

   (b)  any other Act of which the Commissioner has the general
        administration;

   (c)  regulations under an Act covered by paragraph (a) or (b).".
20. Application The amendment made by this Division applies to tax liabilities
arising on or after 1 July 1995.
PART 4-OMBUDSMAN ACT 1976
21. Section 4: Add at the end:

"(3) The Commonwealth Ombudsman, in performing his or her functions in
relation to the Australian Taxation Office, may, if he or she so chooses, be
called the Taxation Ombudsman.".