Commonwealth Numbered Regulations - Explanatory Statements

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WOOL TAX (ADMINISTRATION) REGULATIONS (AMENDMENT) 1997 NO. 222

STATUTORY RULES 1997 No. 222

Issued by authority of the Assistant Treasurer

Wool Tax (Administration) Act 1964

Wool Tax (Administration) Regulations (Amendment)

Section 93 of the Wool Tax (Administration) Act 1964 provides that the Governor General may make regulations prescribing matters required to give effect to the Act.

The purpose of the Regulations is to change the Wool Tax (Administration) Regulations to remove the reference to 'year' in an evidentiary certificate.

Regulation 31 of the Wool Tax (Administration) Regulations which was inserted by the Wool Tax (Administration) Regulations (Amendment); Statutory Rules 1994 No. 191. It prescribes the information which must be included in an evidentiary certificate to be used by the Commissioner of Taxation when taking action against a person for the recovery of wool tax.

Paragraph (b), as amended, required the Commissioner to certify that an assessment of tax payable by the person was made against the person in respect of the year set out in the certificate.

The Wool Tax (Administration) Act 1964 does not impose a liability to taxation in respect of any particular year. The reference to 'year' in paragraph (b) is inconsistent with the Act, which does not require an assessment to be made in respect of a particular year or any other specified period. The requirement in paragraph (b) should be that an assessment of tax payable by the person was made against the person. Accordingly the Regulations removes the reference to 'year' from paragraph (b).

Details of the Regulations are as follows:

Regulation 1:       Provides the Wool Tax (Administration) Regulations are amended by the Regulations.

Regulation 2:        Removes the reference to 'year' in an evidentiary certificate.

The Regulations commenced on gazettal.