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CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer and Copyright Details
Commonwealth Places
(Consequential Amendments) Bill 1998
Date Introduced: 5 March 1998
House: House of Representatives
Portfolio: Treasury
Commencement: On Royal Assent.
The Commonwealth
Places (Consequential Amendments) Bill 1998 (the Consequential
Amendments Bill) is part of a package of four Commonwealth Bills
dealing with the consequences of the High Court's decision in
Allders International Pty Limited v Commissioner of State
Revenue (Victoria) (Allders).(1) The package of
legislation is designed to overcome constitutional obstacles, so
that certain State taxes will continue to apply to Commonwealth
places located within the States and past State revenues are
protected.
The purpose of the Consequential Amendments Bill
is to amend or repeal existing legislation, to bring it into line
with the mirror tax/windfall tax regime established by the package
of Bills.
The purpose of the package of four Bills and the
main features of the regime they establish are set out in more
detail in the Bills Digest for the Commonwealth Places (Mirror
Taxes) Bill 1998.
A detailed 'background' to the package of Bills
designed to respond to the High Court decision in Allders
International Pty Limited v Commissioner of State Revenue
(Victoria) is provided in the Bills Digest for the
Commonwealth Places (Mirror Taxes) Bill 1998.
Schedule 1 contains an amendment to the
Commonwealth Places (Application of Laws Act 1970) (the
1970 Act). It exempts State taxing laws from coverage by the 1970
Act, to the extent that they have effect under the mirror tax
regime.
The Schedule also contains amendments to the
Income Tax Assessment Act 1936 (the ITAA). These
amendments apply to the 1996-97 year of income and will affect
taxpayers whose balancing date is on or after 6 October 1997
(clause 4). The first amendment ensures a taxpayer
liable to windfall tax is not also liable to income tax on the same
sum - that is a refund of relevant State taxes. The second
amendment denies a deduction for payments of Commonwealth windfall
tax.
Finally, the Schedule also contains amendments
to the Income Tax Assessment Act 1997. These amendments
apply from the 1997-98 income year onwards and achieve the same
objectives as those set out above in relation to the ITAA.
- (1996) 186 CLR 630
Sean Brennan
11 March 1998
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library,
1997.
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