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Treasury Laws Amendment (Junior Minerals Exploration Incentive) Bill 2017

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2016-2017-2018

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Treasury Laws Amendment (Junior Minerals Exploration Incentive) Bill 2017

 

 

SCHEDULE A

 

 

Schedule of the request by the Senate for an amendment

 

 

 

 

( 1 )     Govt (1) [Sheet GU143]

Schedule  1 , item  2 , page 8 (lines 13 to 23) , omit section  418-82 , substitute:

418-82   When does an entity have an unused allocation of exploration credits from an income year

             (1)  An entity has an unused allocation of exploration credits from an income year if each of the following:

                     (a)  the entity’s * exploration credits allocation for the income year;

                     (b)  the total credits issue for investment in the entity for the income year;

exceeds the total amount of all * exploration credits created by the entity for the income year.

             (2)  The amount of the unused allocation of exploration credits from the income year is the lesser of:

                     (a)  the amount by which the amount mentioned in paragraph (1)(a) exceeds the total amount of all * exploration credits created by the entity for the income year; and

                     (b)  the amount by which the amount mentioned in paragraph (1)(b) exceeds the total amount of all * exploration credits created by the entity for the income year.

             (3)  If neither the amount mentioned in paragraph (1)(a) nor (1)(b) exceeds the total amount of all * exploration credits created by the entity for the income year, there is no unused allocation of exploration credits from the income year, and the amount of any unused allocation of exploration credits from the income year is nil.

             (4)  In this section:

total credits issue for investment in the entity (the minerals explorer ) for an income year means the total of all * exploration credits that may be issued by the minerals explorer to all other entities in relation to * exploration investment made by those other entities in the minerals explorer in the income year if section 418-120 is complied with.

 

 

 

Richard Pye

Clerk of the Senate

The Senate

19 March 2018



SCHEDULE B

 

 

Amendments made by the Senate

 

 

 

 

(1)     Opp (1) [Sheet 8370]

Schedule 1, Part 1, page 20 (after line 19), at the end of the Part, add:

6A  At the end of Division 418

Add:

Subdivision 418-G—Other matters

Table of sections

418-190    Annual impact assessments of this Division

418-190  Annual impact assessments of this Division

             (1)  As soon as practicable after the end of each income year referred to in subsection (2), the Minister must cause to be conducted an impact assessment of the operation of this Division during that income year. The objective of the impact assessment should be to measure the additional *exploration or prospecting attributable to the Division.

             (2)  The income years are as follows:

                     (a)  the 2017-2018 income year;

                     (b)  the 2018-2019 income year;

                     (c)  the 2019-2020 income year;

                     (d)  the 2020-2021 income year.

             (3)  Each impact assessment must make provision for public consultation, including consultation with the industry.

             (4)  The Minister must cause to be prepared a report of each impact assessment. The report must include any information made publicly available by the Commissioner under section 3F of the Taxation Administration Act 1953 in relation to *exploration credits allocated for the income year.

             (5)  The Minister must cause a copy of a report of an impact assessment to be published on the Australian Taxation Office website as soon as practicable after the completion of the preparation of the report.

(2)     Opp (2) [Sheet 8370]

Schedule 1, page 25 (after line 10), after item 26, insert:

26A  At the end of Part IA

Add:

3F  Reporting of information about junior minerals exploration incentive offset

             (1)  This section applies if the Commissioner makes a determination under section 418-101 of the Income Tax Assessment Act 1997 allocating exploration credits to an entity for an income year.



 

             (2)  The Commissioner must, as soon as practicable after making the determination, make publicly available:

                     (a)  the ABN and name of the entity; and

                     (b)  the amount of the entity’s exploration credits allocation for the income year.

             (3)  An expression used in this section that is also used in the Income Tax Assessment Act 1997 has the same meaning as in that Act.

(3)     Govt (2) [Sheet GU143]

Schedule 1, item 66, page 31 (lines 16 to 20), omit subitem (1), substitute:

(1)       Despite subsection 418-100(2) of the Income Tax Assessment Act 1997 , as inserted by item 2 of this Schedule, an application to the Commissioner for a determination allocating exploration credits to an entity for the 2017-18 income year must be made during the period of one month starting on the later of:

                     (a)  the eleventh business day after the day on which this Act receives the Royal Assent; and

                     (b)  the day on which this item commences.

 

 

 

 

 

Richard Pye

Clerk of the Senate

 

 

The Senate

19 March 2018