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Wednesday, 25 February 2009
Page: 1823

Bill returned from Main Committee with amendments, appropriation message having been reported; certified copy of the bill and schedule of amendments presented.

Ordered that this bill be considered immediately.

Main Committee’s amendments—

(1)    Clause 2, page 1 (lines 7 to 9), omit the clause, substitute:

2 Commencement

         (1)    Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/

Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

2. Schedules 1 to 4

The day on which this Act receives the Royal Assent.

3. Schedule 5, Part 1, Division 1

29 January 2009.

29 January 2009

4. Schedule 5, item 4

1 July 2011.

However, if item 99 of Schedule 3 to the Tax Laws Amendment (2009 Measures No. 1) Act 2009 commences before 1 July 2011, the provision(s) do not commence at all.

5. Schedule 5, items 5 and 6

1 July 2011.

1 July 2011

6. Schedule 5, Part 2

The day on which this Act receives the Royal Assent.

7. Schedule 5, Part 3

29 January 2009.

29 January 2009

Note:   This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

         (2)    Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

(2)    Page 27 (after line 5), at the end of the Bill, add:

Schedule 5—Victorian bushfires and North Queensland floods

Part 1—Ex-gratia Income Recovery Subsidy Assistance

Division 1—Main amendments

Income Tax Assessment Act 1936

1 Subsection 159J(6) (after paragraph (b) of the definition of separate net income)

Insert:

            (ba)    does not include an ex-gratia payment from the Commonwealth known as Income Recovery Subsidy for the Victorian bushfires of January and February 2009; and

            (bb)    does not include an ex-gratia payment from the Commonwealth known as Income Recovery Subsidy for the North Queensland floods of January and February 2009; and

Income Tax Assessment Act 1997

2 Section 11-15 (table item headed “welfare”)

Before:

maintenance payment                

51-30 and 51-50

Insert:

Income Recovery Subsidy for the North Queensland floods of January and February 2009 ..................

51-30

Income Recovery Subsidy for the Victorian bushfires of January and February 2009 ................................

51-30

3 Section 51-30 (at the end of the table)

Add:

5.2

an individual in receipt of an ex-gratia payment from the Commonwealth known as Income Recovery Subsidy for the Victorian bushfires of January and February 2009

the payment

the payment must be claimed:

(a) after 28 January 2009; and

(b) before 13 May 2009

5.3

an individual in receipt of an ex-gratia payment from the Commonwealth known as Income Recovery Subsidy for the North Queensland floods of January and February 2009

the payment

the payment must be claimed:

(a) after 30 January 2009; and

(b) before 13 May 2009

Division 2—Sunsetting on 1 July 2011

Income Tax Assessment Act 1936

4 Subsection 159J(6) (paragraphs (ba) and (bb) of the definition of separate net income)

Repeal the paragraphs.

Income Tax Assessment Act 1997

5 Section 11-15 (table item headed “welfare”)

Omit:

Income Recovery Subsidy for the North Queensland floods of January and February 2009            

51-30

Income Recovery Subsidy for the Victorian bushfires of January and February 2009

51-30

6 Section 51-30 (table items 5.2 and 5.3)

Repeal the items.

Part 2—Gifts

Income Tax Assessment Act 1997

7 Subsection 30-45(1) (table item 4.1.5)

Repeal the table item, substitute:

4.1.5

a public fund (including a public fund established and maintained by a public benevolent institution):

(a)     that is established for charitable purposes; and

(b)     that is established and maintained solely for providing money for the relief (including relief by way of assistance to re-establish a community) of people in Australia in distress as a result of a disaster to which subsection 30-45A(1) or 30-46(1) applies

see sections 30-45A and 30-46

8 Subsection 30-45(2) (at the end of the table)

Add:

4.2.41

2009 Victorian Bushfire Appeal Trust Account (established under section 19 of the Financial Management Act 1994 of Victoria)

the gift must be made:

(a) after 7 February 2009; and

(b) before 6 February 2014

9 After section 30-45

Insert:

30-45A Australian disaster relief funds—declarations by Minister

         (1)    For the purposes of item 4.1.5 of the table in subsection 30-45(1), an event is a disaster to which this subsection applies if the Minister has declared it to be a disaster. The Minister may do so if satisfied that:

              (a)    it developed rapidly; and

              (b)    it resulted in the death, serious injury or other physical suffering of a large number of people, or in widespread damage to property or the natural environment.

         (2)    The Minister’s declaration of an event as a disaster:

              (a)    must be in writing; and

              (b)    must specify the day (or the first day) of the event; and

              (c)    must be published on the internet or by another method determined by the Minister.

         (3)    The Minister’s declaration of an event as a disaster is not a legislative instrument.

         (4)    You can deduct a gift that you make to a public fund covered by item 4.1.5 of the table in subsection 30-45(1), in relation to a disaster to which subsection (1) of this section applies, only within the 2 years beginning on the day specified in the declaration as the day (or the first day) of the event for which the fund is to provide relief.

Note:   Public funds under item 4.1.5 of the table in subsection 30-45(1) are for disaster relief of people in Australia. Public funds may also be established for disaster relief of people in other countries. See items 9.1.1 (which is not limited to disaster relief) and 9.1.2 of the table in section 30-80.

10 Section 30-46 (heading)

Repeal the heading, substitute:

30-46 Australian disaster relief funds—declarations under State and Territory law

11 At the end of subsection 30-46(1)

Add:

    ; and (d)    subsection 30-45A(1) does not apply to it.

12 Subsection 30-46(2)

After “subsection 30-45(1)”, insert “, in relation to a disaster to which subsection (1) of this section applies,”.

13 Section 30-315 (before table item 1AA)

Insert:

1A

2009 Victorian Bushfire Appeal Trust Account

item 4.2.41

Part 3—Application

14 Application of amendments

(1)    The amendments made by Division 1 of Part 1 of this Schedule apply in relation to the 2008-09 income year.

(2)    The amendments made by Part 2 of this Schedule apply in relation to:

              (a)    the 2008-09 income year; and

              (b)    later income years.


The DEPUTY SPEAKER (Hon. Peter Slipper)—The question is that the amendments be agreed to.

Question agreed to.

Bill, as amended, agreed to.