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National Rental Affordability Scheme (Consequential Amendments) Bill 2008

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2008

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

National Rental Affordability Scheme (Consequential Amendments) Bill 2008

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Title, page 1 (line 1), after “ amend ”, insert “ the Extension of Charitable Purpose Act 2004 and ”.

(2)     Page 15 (after line 13), at the end of the bill, add:

Schedule 2 Amendment of the Extension of Charitable Purpose Act 2004

   

1  Section 3

Insert:

allocation has the same meaning as in the National Rental Affordability Scheme Act 2008 .

2  Section 3

Insert:

entity has the same meaning as in the Income Tax Assessment Act 1997 .

3  Section 3

Insert:

first 2 NRAS years means:

                     (a)  the period referred to in paragraph (a) of the definition of NRAS year in the National Rental Affordability Scheme Act 2008 ; and

                     (b)  the year beginning on 1 May 2009.

4  Section 3

Insert:

incentive period has the same meaning as in the National Rental Affordability Scheme Act 2008 .

5  Section 3

Insert:

National Rental Affordability Scheme has the same meaning as in the National Rental Affordability Scheme Act 2008 .

6  Section 3

Insert:

rental dwelling has the same meaning as in the National Rental Affordability Scheme Act 2008 .

7  Section 3

Insert:

taxation law has the same meaning as in the Income Tax Assessment Act 1997 .

8  After section 4

Insert:

4A   Provision of a rental dwelling under National Rental Affordability Scheme is a charitable purpose

             (1)  Without limiting what constitutes a charitable purpose, charitable purpose includes the provision of a rental dwelling if:

                     (a)  the rental dwelling is provided by an entity that is:

                              (i)  endorsed as exempt from income tax by the Commissioner of Taxation under section 50-105 of the Income Tax Assessment Act 1997 ; and

                             (ii)  an approved participant in the National Rental Affordability Scheme; and

                     (b)  either:

                              (i)  an allocation in relation to the rental dwelling has been made to the approved participant by the Secretary that specifies a date in the first 2 NRAS years from which the allocation will operate or is taken to have operated; or

                             (ii)  an allocation in relation to the rental dwelling has been reserved and it is genuinely intended by the approved participant that the conditions on which the allocation has been reserved will be fulfilled in the first 2 NRAS years.

             (2)  To avoid doubt, the provision of the rental dwelling by the entity has effect as a charitable purpose only during the incentive period for the allocation.

             (3)  This section applies:

                     (a)  for the purposes of a provision of a taxation law or any instrument made, granted or issued under a taxation law; and

                     (b)  for the purpose of determining whether an entity that has been endorsed as exempt from income tax by the Commissioner of Taxation under section 50-105 of the Income Tax Assessment Act 1997 , remains, for the purposes of a provision of a taxation law or any instrument made, granted or issued under a taxation law, entitled to be so endorsed.

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

24 November 2008