- Act 74 of 1997 - Royal Assent 14 January 1998 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. Meaning of taxation laws 5. Non-reviewable decisions 6. Act binds Crown PART 2 - Tax officers 7. Commissioner 8. Functions and powers of Commissioner 9. Functions and powers under Commonwealth Act 10. Legal proceedings 11. Deputy or Assistant Commissioner 12. Other staff 13. Consultants and contractors 14. Delegation 15. Authorised officers 16. Identity cards 17. Personal liability PART 3 - Assessment of tax liability 18. General power to make assessment 19. Reassessment 19A. Effect on assessment of change in interpretation 20. Instruments and returns to include all relevant information 20A. Commissioner may require information to be provided 21. Information on which assessment is made 22. Compromise assessment 23. Withdrawal of assessment 24. Notice of assessment or withdrawal of assessment 25. Receipt of tax is not assessment 26. Validity of assessment PART 4 - Refunds of tax 27. Application of Part 28. Application for refund 29. Refund 29AA. Effect on refund of change in interpretation 29A. Payment of interest 30. Recovery of overpaid amounts 31. Refusal to refund 32. Reimbursement after refund 33. Application of certain sections PART 5 - Interest and penalty tax Division 1 - Interest 34. Interest in respect of tax defaults 34A. Imposition of interest where making of duty assessment delayed 35. Interest rate 36. Minimum amount of interest 37. Interest rate prevails over other interest 38. Remission of interest Division 2 - Penalty tax 39. Penalty tax in respect of certain tax defaults 40. Amount of penalty tax 41. Reduction in penalty tax for disclosure 42. Increase in penalty tax for concealment 43. Minimum amount of penalty tax 44. Time for payment of penalty tax 45. Remission of penalty tax PART 6 - Returns Division 1 - General 46. Form of returns 47. Time of lodgment 48. Extending time or period for lodgment Division 2 - Approval of special tax return arrangements 49. Approval of special tax return arrangements 50. Application for approval 51. Conditions of approval 52. Effect of approval 53. Stamping of instruments PART 7 - Collection of tax 54. Tax payable to Commissioner 54A. Payment to authorised person or body 55. Recovery of tax, &c. 56. Joint and several liability 57. Collection of tax from third parties 58. Indemnification of third party 59. Arrangements for payment of tax 59A. Payment of amount of tax to liquidators, &c. PART 8 - Record keeping 60. Keeping records 61. Accessibility 62. Form of record 63. Period of retention 64. Destroying records PART 9 - Investigations and secrecy Division 1 - Investigations 65. Notice of requirements 66. Compliance with notice 67. Retention and inspection of records 68. Access to public records 69. Expenses for attendance 70. Entry on premises 71. Powers on entry 72. Search warrants 73. Obstruction of Commissioner or authorised officer 74. Defence of reasonable compliance 75. Impersonating Commissioner or authorised officer Division 2 - Secrecy 76. Prohibited disclosures 76A. Right to information 77. Permitted disclosures 78. Prohibition on secondary disclosures of information 79. Disclosure in court PART 9A - Reciprocal Arrangements 79A. Interpretation of Part 9A 79B. Investigations by corresponding Commissioners 79C. Investigations on behalf of corresponding Commissioners 79D. Investigation powers 79E. Disclosure of information 79F. Confidentiality 79G. Evidence 79H. Immunity from liability PART 10 - Objections, reviews and appeals Division 1 - Objections 80. Objection 81. Onus of proof 82. Time for lodging objection 83. Objections lodged out of time 84. Determination of objection 85. Suspension of determination 86. Notice of determination 87. Recovery of tax pending objection, review or appeal 88. Payment of interest following unsuccessful objection Division 2 - Reviews and appeals 89. Right of review or appeal 90. Grounds of review or appeal 91. Onus on review or appeal 92. Orders of Court 93. Giving effect to decision on review or appeal Division 3 - Refunds following successful objection, review or appeal 94. Refund of amount 95. Payment of interest Division 4 - Other cases 95A. Refunds payable, &c., consequent on related objections affecting taxation liability PART 11 - Miscellaneous Division 1 - Payment 96. Payment of tax 97. Adjustments 98. Valuation of foreign currency 99. Appropriation Division 2 - Evidentiary matters 100. Issue of documents 101. Evidence of assessment 102. Certificate evidence 103. Copies and extracts of certain documents Division 3 - General offences 104. False or misleading information and statements 105. Failure to lodge documents 106. Defence relating to records 107. Falsifying or concealing identity 108. Tax evasion 109. Offences by bodies corporate 110. Offences by partnerships and associations 111. Continuing offences 112. Tax liability unaffected by payment of penalty 113. Time for commencing prosecutions Division 3A - Tax avoidance 113A. Purpose and operation of Division 3A 113B. Application of Division 3A 113C. Matters to be considered when determining purpose of scheme 113D. When tax benefit obtained 113E. Amount of tax benefit 113F. Assessments and reassessments if tax benefit obtained from scheme Division 4 - Miscellaneous matters 114. Public officer of body corporate 115. Liability of public officer 116. Day of service of document or payment of money 117. Service on agents and members 118. Service on body corporate 118A. Administrative fee 119. Regulations 120. Savings and transitional 120A. Savings and transitional provisions consequent on repeal of Revenue Measures Act 2005 121. Administration of Act SCHEDULE 1[ Note: This table has been automatically generated and may be incomplete. ]