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INCOME TAX ASSESSMENT AMENDMENT REGULATIONS 2009 (NO. 1) (SLI NO 13 OF 2009)
Issued by authority of the Assistant Treasurer
Income Tax Assessment Act 1997
Income Tax Assessment Amendment Regulations 2009 (No. 1)
Subsection 909-1(1) of the Income Tax Assessment Act 1997 (the Act) provides that the Governor-General may make regulations prescribing matters that the Act requires or permits to be prescribed, or are necessary or convenient to prescribe for carrying out or giving effect to the Act.
Subsection 995-1(1) of the Act defines a ‘prescribed private fund’ as a fund that is prescribed by the regulations for the purposes of the definition, but does not include any fund that has been declared by the Treasurer or his delegate, in writing, not to be a prescribed private fund.
A prescribed private fund is a fund listed in the table under regulation 995-1.02 of the Income Tax Assessment Regulations 1997 (the Principal Regulations) on and from the date specified in that table.
The purpose of the Regulations is to update the table under regulation 995‑1.02 to take account of changes approved by the Government since the table was last updated.
Each fund is established and maintained for the purpose of providing money, property or benefits to a fund, authority or institution that is listed either by name or by type in a table of deductible gift recipients in Subdivision 30-B of the Act.
Section 30-15 of the Act provides for the tax deductibility of gifts or contributions to prescribed private funds.
The Australian Taxation Office assesses funds that wish to be prescribed as ‘prescribed private funds’ against certain guidelines and then makes recommendations to the Assistant Treasurer.
The Regulations prescribe 172 new funds for the purposes of the definition of ‘prescribed private fund’. The funds are listed in the Attachment. Each of the funds listed is a prescribed private fund on and from the date of effect specified in the Regulations.
In addition, the Regulations amend the table under regulation 995‑1.02 to reflect a declaration of the Assistant Treasurer that ended the period of eligibility for three prescribed private funds to receive tax deductible gifts. These funds remain in the Principal Regulations to reflect the period that they were eligible to receive tax deductible gifts.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments. However, they provide for different dates of effect for the funds, namely the dates of approval by the Government.
While these dates applicable to the 172 new funds are earlier than the date of registration of the Regulations, subsection 12(2) of the Legislative Instruments Act 2003 does not have any application. Subsection 12(2) prohibits the retrospective operation of regulations that adversely affect the rights of, or impose liabilities upon, a person. The Regulations are beneficial to the institutions and funds concerned and to taxpayers making donations to them.
The retrospective amendment to the table under regulation 995‑1.02, reflecting the end of the period of eligibility for three prescribed private funds to receive tax deductible gifts, does not adversely affect the rights of, or impose liabilities upon a person. Subsection 995-1(1) of the Act ends the eligibility of an organisation to receive tax deductible gifts from the date of the Assistant Treasurer’s signature. The update of the Principal Regulations merely reflects what has already occurred.
The Regulations are administrative in nature, rather than regulatory. They are a machinery of government and do not substantially alter existing arrangements. Accordingly, a Regulation Impact Statement is not mandatory and was not prepared.
As the Regulations are a machinery of government and do not substantially alter existing arrangements consultation was not required.
Details of the Income Tax Assessment Amendment Regulations 2009 (No. 1)
Regulation 1: Names the regulations as the Income Tax Assessment Amendment Regulations 2009 (No. 1).
Regulation 2: Provides that the Regulations commence on the day after registration.
Regulation 3: Provides that Schedule 1 amends the Income Tax Assessment Regulations 1997 (the Principal Regulations).
Schedule 1: Amendments
Item 1 updates the table under regulation 995-1.02 of the Principal Regulations.
Changes which have been approved by the Minister to regulation 995-1.02 are listed below.
On 25 June 2008 the Assistant Treasurer declared the Horwath Charitable Trust, Shane Warne Foundation and Pixifoto Foundation not to be prescribed private funds under subsection 995‑1(1) of the Act. This is reflected in the Regulations by these three items having the period of effect finishing on 25 June 2008.
The following list reflects those prescribed private funds which have been approved since the table was last amended.
Item Number |
Name of Fund |
Date of Approval |
604 |
Easts Leagues Foundation |
11-September-2007 |
605 |
Jolimont Foundation |
11-September-2007 |
606 |
The Daniel And Danielle Besen Family Foundation |
11-September-2007 |
607 |
Philip Coombs Children’s Foundation |
1-October-2007 |
608 |
Ron And Margaret Dobell Foundation |
1-October-2007 |
609 |
LSH Charitable Foundation |
11-October-2007 |
610 |
Open Kora Fund |
11-October-2007 |
611 |
The Backstop Foundation |
11-October-2007 |
612 |
The Lauro Breen Trust |
11-October-2007 |
613 |
The S.L. Bray Memorial Foundation |
11-October-2007 |
614 |
Clem Jones Foundation |
18-December-2007 |
615 |
Allandale Foundation |
5-March-2008 |
616 |
Arnold Foundation |
5-March-2008 |
617 |
Brian K Whately Foundation |
5-March-2008 |
618 |
Cooper Foundation |
5-March-2008 |
619 |
Face 2 Face Foundation |
5-March-2008 |
620 |
Foundation for the Victor Smorgon Institute for Education and Research at Epworth |
5-March-2008 |
621 |
Jean Bladen Foundation |
5-March-2008 |
622 |
Mclean Foundation |
5-March-2008 |
623 |
The Garry White Foundation |
5-March-2008 |
624 |
The Helene Jones Trust |
5-March-2008 |
625 |
The Lembas Foundation |
5-March-2008 |
626 |
Anton and Kadar Lucas Foundation |
12-June-2008 |
627 |
Catherine Gray Trust |
12-June-2008 |
628 |
Compass Foundation |
12-June-2008 |
629 |
Croxley Foundation |
12-June-2008 |
630 |
D'Arcy Slater Foundation |
12-June-2008 |
631 |
Donnelly Garner Foundation |
12-June-2008 |
632 |
Doreen Kennedy Foundation |
12-June-2008 |
633 |
Dumfries Foundation |
12-June-2008 |
634 |
Freda Briggs Foundation |
12-June-2008 |
635 |
Girgensohn Foundation |
12-June-2008 |
636 |
Glen Rocky Foundation |
12-June-2008 |
637 |
Grant Family Charitable Trust |
12-June-2008 |
638 |
Gray Private Fund |
12-June-2008 |
639 |
James & Diana Ramsay Foundation |
12-June-2008 |
640 |
Kellogg Australia Charitable Foundation |
12-June-2008 |
641 |
Leonardo's Education Assistance Foundation |
12-June-2008 |
642 |
Lewis Foundation |
12-June-2008 |
643 |
Peter & Maria Copulos Foundation |
12-June-2008 |
644 |
Planet Wheeler Foundation |
12-June-2008 |
645 |
Rees Family Foundation |
12-June-2008 |
646 |
Say Family Foundation |
12-June-2008 |
647 |
Sir Asher And Lady Joel Foundation |
12-June-2008 |
648 |
Start It Up Foundation |
12-June-2008 |
649 |
The Abercrombie Family Foundation |
12-June-2008 |
650 |
The David and Wilma Keath Family Prescribed Private Fund |
12-June-2008 |
651 |
The Ellen Louise Blakemore Charitable Fund |
12-June-2008 |
652 |
The Imelda and Geok Wong Foundation |
12-June-2008 |
653 |
The Lionel & Yvonne Spencer Trust |
12-June-2008 |
654 |
The Lowy Foundation |
12-June-2008 |
655 |
The Rossi Foundation |
12-June-2008 |
656 |
The Van Straten & Turley Foundation |
12-June-2008 |
657 |
Tom Efkarpidis Foundation |
12-June-2008 |
658 |
Tony Fini Foundation |
12-June-2008 |
659 |
Wright-Goodwin Family Foundation |
12-June-2008 |
660 |
Acme Foundation |
25-June-2008 |
661 |
Adservio Foundation |
25-June-2008 |
662 |
Andrew Cameron Family Foundation |
25-June-2008 |
663 |
Bailey Family Foundation |
25-June-2008 |
664 |
Brasher Family Foundation |
25-June-2008 |
665 |
Bryan & Rosemary Cutter Foundation |
25-June-2008 |
666 |
Carlton Football Club Foundation |
25-June-2008 |
667 |
Chronican Foundation |
25-June-2008 |
668 |
Circle Of Silent Angels Foundation |
25-June-2008 |
669 |
Duchen Family Foundation |
25-June-2008 |
670 |
Earth Welfare Foundation |
25-June-2008 |
671 |
Eden Life Foundation |
25-June-2008 |
672 |
Edwards Foundation |
25-June-2008 |
673 |
Ephram Foundation |
25-June-2008 |
674 |
Family Frank Foundation |
25-June-2008 |
675 |
Flight Centre Foundation Trust |
25-June-2008 |
676 |
Gailey/Lazarus Charitable Foundation |
25-June-2008 |
677 |
George Janko & Karen Inge Foundation |
25-June-2008 |
678 |
Grantali Foundation |
25-June-2008 |
679 |
Grosset Gaia Fund |
25-June-2008 |
680 |
Handley Marks Family Foundation |
25-June-2008 |
681 |
Herbert Street Foundation |
25-June-2008 |
682 |
Howland-Rose Foundation |
25-June-2008 |
683 |
IMC Pacific Foundation |
25-June-2008 |
684 |
ISG Foundation |
25-June-2008 |
685 |
Izaak Wolf & Genia Auschwitz 54365 Szykman Charitable Foundation |
25-June-2008 |
686 |
Jaramas Foundation |
25-June-2008 |
687 |
John and Barbara Hay Philanthropic Foundation |
25-June-2008 |
688 |
Joy Smith Family Foundation |
25-June-2008 |
689 |
Julian Zahara Memorial Fund |
25-June-2008 |
690 |
Katz Family Foundation |
25-June-2008 |
691 |
Kindred Spirits Foundation |
25-June-2008 |
692 |
Lorenzo and Pamela Galli Charitable Trust |
25-June-2008 |
693 |
Louise & Martyn Myer Foundation |
25-June-2008 |
694 |
Lynda Gardens Foundation |
25-June-2008 |
695 |
Maher Fisher Foundation |
25-June-2008 |
696 |
Maramingo Foundation |
25-June-2008 |
697 |
Margaret Dawbarn Foundation |
25-June-2008 |
698 |
Martin & Merinda Gallagher Foundation |
25-June-2008 |
699 |
More Life Foundation |
25-June-2008 |
700 |
M.S. Newman Family Foundation |
25-June-2008 |
701 |
Mulnot Foundation |
25-June-2008 |
702 |
Mundango Abroad |
25-June-2008 |
703 |
nib Foundation |
25-June-2008 |
704 |
Ocean Beach Foundation |
25-June-2008 |
705 |
Paul and Marie Duchen Foundation |
25-June-2008 |
706 |
Paulusz Family Foundation |
25-June-2008 |
707 |
Playoust Family Foundation |
25-June-2008 |
708 |
Rainbow Fish Foundation |
25-June-2008 |
709 |
Religious Education Endowment Fund |
25-June-2008 |
710 |
Rita Hogan Foundation |
25-June-2008 |
711 |
Sandi Foundation |
25-June-2008 |
712 |
Saraf Charitable Fund |
25-June-2008 |
713 |
SK and YY Cheung Family Foundation |
25-June-2008 |
714 |
Stephanie’s Gift |
25-June-2008 |
715 |
Sunraysia Foundation |
25-June-2008 |
716 |
Sweetpea Peepee PPF |
25-June-2008 |
717 |
The Barnes Foundation |
25-June-2008 |
718 |
The Bass Family Foundation |
25-June-2008 |
719 |
The Brian J Sutton Charitable Trust |
25-June-2008 |
720 |
The Bridgewater Foundation |
25-June-2008 |
721 |
The Bruce And Betty Green Foundation |
25-June-2008 |
722 |
The CAGES Foundation |
25-June-2008 |
723 |
The Caroline Durré Foundation |
25-June-2008 |
724 |
The Cathar Charitable Trust |
25-June-2008 |
725 |
The Coleman Foundation |
25-June-2008 |
726 |
The Eden Foundation |
25-June-2008 |
727 |
The First Eddystone Foundation |
25-June-2008 |
728 |
The Formula Green Foundation |
25-June-2008 |
729 |
The Hardie Foundation |
25-June-2008 |
730 |
The Harrison Foundation |
25-June-2008 |
731 |
The Herd Foundation |
25-June-2008 |
732 |
The Justin Foundation |
25-June-2008 |
733 |
The Karen and John Kightley Foundation |
25-June-2008 |
734 |
The Killen Family Foundation |
25-June-2008 |
735 |
The L’Esperance Foundation |
25-June-2008 |
736 |
The P & S Bassat Family Charitable Foundation |
25-June-2008 |
737 |
The Rodwell Foundation |
25-June-2008 |
738 |
The Rosemary Pryor Foundation |
25-June-2008 |
739 |
The Teakle Foundation |
25-June-2008 |
740 |
The Vaux Family Education & Learning Foundation |
25-June-2008 |
741 |
The Wales Family Foundation |
25-June-2008 |
742 |
The Wilkinson Foundation |
25-June-2008 |
743 |
Three Flips Foundation |
25-June-2008 |
744 |
Tim Fairfax PPF |
25-June-2008 |
745 |
TRP Foundation |
25-June-2008 |
746 |
Tzedaka Foundation |
25-June-2008 |
747 |
XENIA Foundation |
25-June-2008 |
748 |
Yoga Aid Foundation |
25-June-2008 |
749 |
Young Family Foundation |
25-June-2008 |
750 |
Zeido Deitz Benevolent Fund |
25-June-2008 |
751 |
Zig Inge Foundation |
25-June-2008 |
752 |
Allsopp Family Foundation |
30-June-2008 |
753 |
Bizzell Foundation |
30-June-2008 |
754 |
David Merson Foundation |
30-June-2008 |
755 |
Desmond Prentice Charitable Fund |
30-June-2008 |
756 |
Dunstan Family Foundation |
30-June-2008 |
757 |
Goldburg Family Foundation |
30-June-2008 |
758 |
Gringlas Family Charitable Fund |
30-June-2008 |
759 |
J. Holden Family Foundation |
30-June-2008 |
760 |
MF Foundation |
30-June-2008 |
761 |
PMF Foundation |
30-June-2008 |
762 |
Salter Foundation |
30-June-2008 |
763 |
SMEC Foundation Australia Fund |
30-June-2008 |
764 |
The Burrabaroo Foundation |
30-June-2008 |
765 |
The Casey Foundation |
30-June-2008 |
766 |
The Frangipani Foundation |
30-June-2008 |
767 |
The James Trust |
30-June-2008 |
768 |
The Julie Anne Barrow Charitable Trust |
30-June-2008 |
769 |
The Rosemary Norman Foundation |
30-June-2008 |
770 |
The Wallwork Smith Foundation |
30-June-2008 |
771 |
Wheen Family Foundation |
30-June-2008 |
772 |
Yorke Family Foundation |
30-June-2008 |
773 |
Munday Family Foundation |
14-October-2008 |
774 |
Liangis Family Foundation |
02-December-2008 |
775 |
The Bryan Foundation |
02-December-2008 |