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TAX LAWS AMENDMENT (IMPROVEMENTS TO SELF ASSESSMENT) ACT (NO. 1) 2005 NO. 75, 2005 - SCHEDULE 2

- Penalties

Taxation Administration Act 1953

1
Paragraph 284-10(d) in Schedule 1

Omit "and".

2
Paragraph 284-10(e) in Schedule 1

Repeal the paragraph.

3
Subsection 284-15(1) in Schedule 1

After "argued for is", insert "about".

4
Subsection 284-15(2) in Schedule 1

After "court would be", insert "about".

5
Paragraph 284-70(c) in Schedule 1

Omit "or".

6
Paragraph 284-70(d) in Schedule 1

Repeal the paragraph.

7
Subsection 284-75(4) in Schedule 1

Repeal the subsection.

8
Subsection 284-80(1) in Schedule 1 (table items 5 and
6)

Repeal the items.

9
Subsection 284-90(1) in Schedule 1 (table
item 8)

Repeal the item.

10
Subsection 284-215(3) in Schedule 1

Repeal the subsection.

11
Paragraph 284-220(1)(d) in Schedule 1

Omit "5, 6 or 8", substitute "5 or 6".

12
Section 298-10 in Schedule 1

Omit "penalty. The notice may be included in any other notice the Commissioner gives to the entity.", substitute "penalty and of the reasons why the entity is liable to pay the penalty. The Commissioner may do so in any other notice he or she gives to the entity. The Commissioner is not required to give reasons if he or she decides to remit all of the penalty.".

13
At the end of section 298-10 in Schedule 1

Add:

Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.

14
Subsection 298-20(2) in Schedule 1

After "decision", insert "and the reasons for the decision".

15
At the end of subsection 298-20(2) in Schedule 1

Add:

Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.

16
Application

(1) The amendments made by items 1 and 2 and 5 to 11 apply in relation to:

(a) for income tax—the 2004-2005 income year or a later income year; or
(b) for fringe benefits tax—the year of tax starting on 1 April 2004 or a later year of tax; or
(c) for other taxes—the year starting on 1 July 2004 or a later year.

(2) The amendments made by items 12 to 15 apply in relation to notices given, and decisions made, after the commencement of those items in relation to:

(a) for income tax—the 2004-2005 income year or a later income year; or
(b) for fringe benefits tax—the year of tax starting on 1 April 2004 or a later year of tax; or
(c) for other taxes—the year starting on 1 July 2004 or a later year.

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