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Register of Foreign Ownership of Agricultural Land Bill 2015

Part 4 Miscellaneous

   

31   Simplified outline of this Part

The Commissioner has the general administration of this Act, so it is a taxation law for the purposes of the Taxation Administration Act 1953 , which contains various supplementary provisions.

The Commissioner may request a person to give information from outside Australia that is relevant to the person’s compliance with Part 3.

The Commissioner must give the Minister periodic reports, at least annually, for presentation to Parliament.

The Minister may make rules for the purposes of this Act.

32   Commissioner has the general administration of this Act

                   The Commissioner has the general administration of this Act.

Note:          This Act is therefore a taxation law for the purposes of the Taxation Administration Act 1953 (among other laws). That Act contains a wide range of provisions about gathering, protecting and dealing with information, the exercise of powers and the performance of functions, under taxation laws, and the enforcement of taxation laws.

33   Offshore information notices for persons who may have obligations under Part 3

                   For the purposes of this Act, section 264A of the Income Tax Assessment Act 1936 applies as if:

                     (a)  a reference in that section to an assessment of a taxpayer were a reference to the determination of either or both of the following:

                              (i)  whether a person has or had an obligation under Part 3 of this Act;

                             (ii)  whether a person has complied with an obligation the person has or had under Part 3 of this Act; and

                     (b)  a reference in that section to a taxpayer were a reference to a person to whom the determination described in paragraph (a) relates or is to relate; and

                     (c)  a reference in that section to that Act included a reference to this Act.

Note 1:       Section 264A of the Income Tax Assessment Act 1936 :

(a)    lets the Commissioner give a taxpayer an offshore information notice requesting the taxpayer to give the Commissioner information, or a document, that is outside Australia and that the Commissioner believes is relevant to an assessment of the taxpayer; and

(b)    sets out the consequences if the taxpayer does not comply with the request.

Note 2:       Division 353 in Schedule 1 to the Taxation Administration Act 1953 also gives the Commissioner power to require a person to give the Commissioner information or documents for the administration of this Act.

34   Periodic report

             (1)  The Commissioner must give the Minister, for presentation to the Parliament, a report that:

                     (a)  is on the operation of this Act; and

                     (b)  includes statistics derived by the Commissioner from information in the basic part of the Register.

             (2)  The Commissioner must do so as soon as practicable after:

                     (a)  each 30 June in a year; or

                     (b)  each occurrence in a year of a date prescribed by the rules.

Note:          See also section 34C of the Acts Interpretation Act 1901 , which contains extra rules about periodic reports.

35   Rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.