Commonwealth Numbered Regulations - Explanatory Statements

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INCOME TAX AMENDMENT REGULATION 2012 (NO. 4) (SLI NO 222 OF 2012)

EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 222

Issued by authority of the Assistant Treasurer

Income Tax Assessment Act 1936

Income Tax Regulations 1936

Income Tax Amendment Regulation 2012 (No. 4)

Section 266 of the Income Tax Assessment Act 1936 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The amending Regulation updates the Income Tax Regulations 1936 (the Principal Regulation) in respect of tax arrangements for overseas defence service. 

Schedule 1 to the amending Regulation prescribes 'a specified area outside Australia' for the purposes of section 23AD. 

Details of the amending Regulation is as follows:

 

Section 1 - Name of Regulation

 

Section 1 provides that the Regulation is the Income Tax Amendment Regulation 2012 (No. 4).

 

Section 2 - Commencement

 

Section 2 provides that the Regulation commence on the day after it is registered.

 

Section 3 - Amendment of Income Tax Regulations 1936

 

Section 3 provides that Schedule 1 amends the Income Tax Regulations 1936 (the Principal Regulation).

 

Schedule 1 - Amendments

 

Item [1] - Paragraph 7A(a) 

 

Item 1 specified the 'prescribed area outside Australia' for the purposes of section 23AD for the period commencing 31 July 2009 and ending at the end of 19 February 2012 to the area bound by the following geographical coordinates:

 

39° 00' N        78° 00' E

39° 00' N        32° 00' E

05° 00' S         32° 00' E

05° 00' S         78° 00' E

 

Item 1 extended the 'prescribed area outside Australia' for the purposes of section 23D for the period commencing 20 February 2012 and ending at the end of 30 June 2013 to the area bound by the following coordinates:

39° 00' N        32° 00' E

39° 00' N        78° 00' E

23° 00' N        78° 00' E

23° 00' N        68° 00' E

11° 00' S         68° 00' E

11° 00' S         38° 00' E

17° 00' N        38° 00' E

17° 00' N        32° 00' E

 

Operation Slipper is the ADF contribution to the international campaign against terrorism and maritime security in the Middle East Area of Operations and countering piracy in the Gulf of Aden. 

 

The regulation extended the area for which service as part of Operation Slipper is 'a prescribed area outside Australia' for the purposes of section 23AD.

 

Items [2] and [3] corrected numbering errors.

 

Consultation

No consultation was undertaken with regards to the Regulation as the changes are minor and of machinery nature.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Income Tax Amendment Regulation 2012 (No. 4)

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

Overview of the Legislative Instrument

The purpose of the Legislative Instrument is to amend the Income Tax Regulations 1936 in respect of tax arrangements for overseas defence services. 

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

DAVID BRADBURY

Assistant Treasurer

 

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