Commonwealth: Taxation Laws Amendment Act (No. 5) 2001 (Cth)

Taxation Laws Amendment Act (No. 5) 2001 Act No. 168 of 2001 as amended This compilation was prepared on 1 September 2010 taking into account amendments up to Act No. 75 of 2010 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title [see Note 1] 2 Commencement [see Note 1] 3 Schedule(s) Schedule 1—Religious practitioners A New Tax System (Australian Business Number) Act 1999 A New Tax System (Goods and Services Tax) Act 1999 Fringe Benefits Tax Assessment Act 1986 Income Tax Assessment Act 1997 Taxation Administration Act 1953 Schedule 2—Change in status of constitutionally protected superannuation funds Income Tax Assessment Act 1936 Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 Schedule 3—CGT event E4 Income Tax Assessment Act 1997 Schedule 4—Gifts or contributions Income Tax Assessment Act 1997 Schedule 5—Information and communications technology etc. Fringe Benefits Tax Assessment Act 1986 Income Tax Assessment Act 1997 Notes An Act to amend the law relating to taxation, and for related purposes 1 Short title [see Note 1] This Act may be cited as the Taxation Laws Amendment Act (No. 5) 2001. 2 Commencement [see Note 1] (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Schedule 2 is taken to have commenced on 1 July 2000. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Religious practitioners A New Tax System (Australian Business Number) Act 1999 1 After section 5 Insert: 5A Application to religious practitioners and religious institutions If a *religious practitioner: (a) does an activity, or a series of activities: (i) in pursuit of his or her vocation as a religious practitioner; and (ii) as a member of a religious institution; and (b) does not do the activity, or series of activities, as an employee or agent of the religious institution or another entity; this Act applies as if the activity, or series of activities, had been done by the religious institution and not by the religious practitioner. Note: This will mean that such an activity will be an enterprise of the religious institution under subsection 38(1) and not an enterprise of the religious practitioner. 2 Section 41 Insert: religious practitioner means: (a) a minister of religion; or (b) a student at an institution who is undertaking a course of instruction in the duties of a minister of religion; or (c) a full‑time member of a religious order; or (d) a student at a college conducted solely for training persons to become members of religious orders. 3 Application The amendments of the A New Tax System (Australian Business Number) Act 1999 made by this Schedule apply to activities done by a religious practitioner on or after 1 July 2000. A New Tax System (Goods and Services Tax) Act 1999 4 After Division 49 Insert: Division 50—GST treatment of religious practitioners Guide to Division 50 50‑1 What this Division is about Activities of a religious practitioner done in pursuit of his or her vocation as a religious practitioner and as a member of a religious institution will be treated as activities done by the religious institution, unless the religious practitioner is acting as an employee or agent. Table of sections 50‑5 GST treatment of religious practitioners 50‑5 GST treatment of religious practitioners If a *religious practitioner: (a) does an activity, or a series of activities: (i) in pursuit of his or her vocation as a religious practitioner; and (ii) as a member of a religious institution; and (b) does not do the activity, or series of activities, as an employee or agent of the religious institution or another entity; the *GST law applies as if the activity, or series of activities, had been done by the religious institution and not by the religious practitioner. Note: This will mean that such an activity will be an enterprise of the religious institution under subsection 9‑20(1) and not an enterprise of the religious practitioner. 5 Section 195‑1 Insert: religious practitioner means: (a) a minister of religion; or (b) a student at an institution who is undertaking a course of instruction in the duties of a minister of religion; or (c) a full‑time member of a religious order; or (d) a student at a college conducted solely for training persons to become members of religious orders. 6 Application The amendments of the A New Tax System (Goods and Services Tax) Act 1999 made by this Schedule apply to activities done by a religious practitioner on or after 1 July 2000. Fringe Benefits Tax Assessment Act 1986 7 Subsection 136(1) (definition of salary or wages) Repeal the definition, substitute: salary or wages means: (a) a payment from which an amount must be withheld (even if the amount is not withheld) under a provision in Schedule 1 to the Taxation Administration Act 1953 listed in the table, to the extent that the payment is assessable income; and (b) a payment from which an amount must be withheld (even if the amount is not withheld) under section 12‑47 in Schedule 1 to the Taxation Administration Act 1953 where: (i) the payment is made to a religious practitioner by a religious institution; and (ii) the activity, or series of activities, for which the payment is made is done by the religious practitioner as a member of the religious institution. Withholding payments covered Item Provision Subject matter 1 Section 12‑35 Payment to employee 2 Section 12‑40 Payment to company director 3 Section 12‑45 Payment to office holder 4 Section 12‑115 Commonwealth education or training payment 5 Section 12‑120 Compensation, sickness or accident payment 8 Application The amendment of the Fringe Benefits Tax Assessment Act 1986 made by item 7 of this Schedule applies to payments made on or after 1 July 2002. 9 Transitional treatment of payments to religious practitioners (1) This item applies to payments made to religious practitioners during the period (the transitional period) from the start of 1 July 2000 until the end of 30 June 2002. (2) For the purposes of the Fringe Benefits Tax Assessment Act 1986, a payment to a religious practitioner during the transitional period is taken to be a payment of salary or wages if it would have been a payment of salary or wages had it been made immediately after the end of the transitional period. (3) In this item, religious practitioner has the meaning given by subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986. Income Tax Assessment Act 1997 10 Subsection 26‑30(6) Repeal the subsection, substitute: Withholding payments covered (6) This subsection covers: (a) a *withholding payment covered by any of the provisions in Schedule 1 to the Taxation Administration Act 1953 listed in the table; and (b) a withholding payment covered by section 12‑47 in Schedule 1 to the Taxation Administration Act 1953 where: (i) the payment is made to a religious practitioner by a religious institution; and (ii) the activity, or series of activities, for which the payment is made is done by the religious practitioner as a member of the religious institution. Withholding payments covered Item Provision Subject matter 1 Section 12‑40 Payment to company director 2 Section 12‑45 Payment to office holder 3 Section 12‑50 Return to work payment 4 Subdivision 12‑D Benefit, training and compensation payments 11 Subsection 28‑185(3) (after table item 3) Insert: 3A Section 12‑47 Payment to *religious practitioner 12 Section 85‑35 (heading) Repeal the heading, substitute: 85‑35 Exception: employees, office holders and religious practitioners 13 At the end of section 85‑35 Add: (2) This Division does not apply to an amount, payment or contribution to the extent that the amount, payment or contribution relates to a payment referred to in section 12‑47 in Schedule 1 to the Taxation Administration Act 1953 (payments to *religious practitioners). 14 Subsection 130‑90(5) (after table item 3) Insert: 3A Section 12‑47 Payment to *religious practitioner 15 Subsection 900‑12(3) (after table item 3) Insert: 3A Section 12‑47 Payment to *religious practitioner 16 Subsection 995‑1(1) Insert: religious practitioner means: (a) a minister of religion; or (b) a student at an institution who is undertaking a course of instruction in the duties of a minister of religion; or (c) a full‑time member of a religious order; or (d) a student at a college conducted solely for training persons to become members of religious orders. 17 Application The amendments of the Income Tax Assessment Act 1997 made by this Schedule apply to any withholding payments mentioned in those amendments that an individual receives, or is entitled to receive, on or after 1 July 2002. Taxation Administration Act 1953 18 Subsection 10‑5(1) in Schedule 1 (after table item 3) Insert: 3A a payment to a *religious practitioner 12‑47 19 Subsection 12‑1(1) in Schedule 1 After "12‑45,", insert "12‑47,". 20 Subsection 12‑1(2) in Schedule 1 After "12‑45,", insert "12‑47,". 21 Subsection 12‑1(3) in Schedule 1 After "12‑45," insert "12‑47,". 22 Subsection 12‑5(2) in Schedule 1 (table item 1, column 2) After "12‑45", insert ", 12‑47". 23 Subsection 12‑5(2) in Schedule 1 (after table item 1) Insert: 1A section 12‑35 or 12‑45 a payment for work or services section 12‑47 (a payment to a *religious practitioner) 24 After section 12‑45 in Schedule 1 Insert: 12‑47 Payment to religious practitioners An entity must withhold an amount from a payment it makes to a *religious practitioner for an activity, or a series of activities, if: (a) the activity, or series of activities, is done by the religious practitioner in pursuit of his or her vocation as a religious practitioner; and (b) the activity, or series of activities, is done by the religious practitioner as a member of a religious institution; and (c) the payment is made by the entity in the course or furtherance of an enterprise that the entity carries on. 25 Application The amendments of the Taxation Administration Act 1953 made by this Schedule apply to payments made on or after 1 July 2002. Schedule 2—Change in status of constitutionally protected superannuation funds Income Tax Assessment Act 1936 1 At the end of section 159SM Add: (3) The taxpayer is not entitled to a rebate for a rebatable 27H amount included in the taxpayer's assessable income of a year of income in respect of a rebatable superannuation pension if the applicable fund in relation to the superannuation pension was a constitutionally protected fund on the first day of the period to which the pension relates. 2 After section 281 Insert: 281A Liability to taxation where fund was previously a constitutionally protected fund The assessable income of a complying superannuation fund of a year of income that ceased to be a constitutionally protected fund at a time during the year of income or at the end of the previous year of income includes the sum of the specified roll‑over amounts that would be included in that assessable income if all accumulated member benefits: (a) were paid out of the fund immediately before it ceased to be a constitutionally protected fund; and (b) were rolled‑over back to the fund (within the meaning of Subdivision AA of Division 2 of Part III) immediately after it ceased to be a constitutionally protected fund. 3 Exclusion of subsection 48(2) of Acts Interpretation Act Subsection 12(2) of the Legislative Instruments Act 2003 does not apply, and is taken never to have applied, to a regulation, or a provision of regulations, amending Schedule 14 to the Income Tax Regulations, so as to omit items 501, 502 and 509 of that Schedule, with effect on and from 1 July 2000. Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 4 Paragraph 9(2)(b) Omit "and". 5 Subsection 14(3) Repeal the subsection, substitute: Notice of assessment (3) When an assessment (including an amended assessment) is made, the Commissioner must, subject to subsection (4), give notice of the assessment: (a) if paragraph (b) does not apply—to the member; or (b) if the assessment: (i) relates to the period when the relevant superannuation fund was a constitutionally protected superannuation fund; and (ii) is made after that superannuation fund ceases to be a constitutionally protected superannuation fund; to the superannuation provider. 6 After subsection 15(6) Insert: Payment to be made if fund ceases to be a constitutionally protected superannuation fund (6A) If a superannuation fund ceases to be a constitutionally protected superannuation fund at a time when a member's surcharge debt account is in debit, the member is liable to pay to the Commissioner the lesser of: (a) the amount by which the account is in debit; or (b) 15% of the employer‑financed component of that part of the value of the age retirement benefits of the member at the time when the fund ceased to be a constitutionally protected superannuation fund that accrued after 20 August 1996. 7 After subsection 15(8A) Insert: Member of former constitutionally protected superannuation fund may direct superannuation provider to pay amount to Commissioner (8AA) If a person is liable to pay an amount to the Commissioner under subsection (6A), the person may direct the superannuation provider to pay to the Commissioner the whole or a part of that amount and to make any necessary reductions in the benefits to which the person would otherwise be entitled. 8 Subsection 15(8B) After "(8A)", insert "or (8AA)". Schedule 3—CGT event E4 Income Tax Assessment Act 1997 1 Sections 104‑70, 104‑71 and 104‑72 Repeal the sections, substitute: 104‑70 Capital payment for trust interest: CGT event E4 (1) CGT event E4 happens if: (a) the trustee of a trust makes a payment to you in respect of your unit or your interest in the trust (except for *CGT event A1, C2, E1, E2, E6 or E7 happening in relation to it); and (b) some or all of the payment (the non‑assessable part) is not included in your assessable income. To avoid doubt, in applying paragraph (b) to work out what part of the payment is included in your assessable income, disregard your share of the trust's net income that is subject to the rules in subsection 115‑215(3). Note 1: Subsections 104‑71(1) (tax‑exempted amounts), 104‑71(3) (tax‑free amounts) and 104‑71(4) (CGT concession amounts) can affect the calculation of the non‑assessable part. Note 2: The non‑assessable part includes amounts (tax‑deferred amounts) associated with the small business 50% reduction, frozen indexation, building allowance and accounting differences in income. Note 3: A payment made to you after you stop owning the unit or interest in the trust forms part of the capital proceeds for the CGT event that happened when you stopped owning it. (2) The payment can include giving property (see section 103‑5). (3) The time of the event is: (a) just before the end of the income year in which the trustee makes the payment; or (b) if another *CGT event (except CGT event E4) happens in relation to the unit or interest or part of it after the trustee makes the payment but before the end of that income year—just before the time of that other CGT event. (4) You make a capital gain if the sum of the amounts of the non‑assessable parts of the payments made in the income year made by the trustee in respect of the unit or interest is more than its *cost base. Note: You cannot make a capital loss. (5) If you make a *capital gain, the *cost base and *reduced cost base of the unit or interest are reduced to nil. Note: A capital gain under section 160ZM of the Income Tax Assessment Act 1936 is also taken into account for the purposes of this subsection: see subsection 104‑70(3) of the Income Tax (Transitional Provisions) Act 1997. (6) However, if that sum is not more than the *cost base: (a) the cost base is reduced by that sum; and (b) the *reduced cost base is reduced by that sum (without the adjustment in subsection 104‑71(3)). Example: Mandy owns units in a unit trust that she bought on 1 July 1998 for $10 each. During the 1999‑2000 income year the trustee makes 4 non‑assessable payments of $0.50 per unit. If at the end of the income year Mandy's cost base for each unit (including indexation) would otherwise be $10.10, the payments require that it be reduced by $2, giving a new cost base of $8.10. If Mandy sells the units (CGT event A1) in the 2000‑01 year for more than their cost base at that time, she will make a capital gain equal to the difference. Exception (7) A *capital gain you make from *CGT event E4 is disregarded if you *acquired the *CGT asset that is the unit or interest before 20 September 1985. 104‑71 Adjustment of non‑assessable part (1) In working out the non‑assessable part referred to in section 104‑70, disregard any part of the payment that is: (a) *excluded exempt income; or (b) *exempt income subject to withholding tax; or (c) paid from an amount that has been assessed to the trustee; or (d) paid from an amount that is *personal services income included in your assessable income, or another entity's assessable income, under section 86‑15; or (e) repaid by you; or (f) compensation you paid that can reasonably be regarded as a repayment of all or part of the payment; or (g) an amount referred to in section 152‑125 (which exempts a payment of a small business 15‑year exemption amount) as an exempt amount. The payment can include giving property (see section 103‑5). (2) However, the non‑assessable part is not reduced by any part of the payment that you can deduct. (3) The amount of the non‑assessable part referred to in section 104‑70 is adjusted to exclude any part of it that is attributable to: (a) an amount that is not included in the assessable income of an entity because of: (i) section 124ZM or 124ZN (which exempt income arising from *shares in a *PDF) of the Income Tax Assessment Act 1936; or (ii) section 159GZZZZE (which exempts certain payments related to infrastructure borrowings) of that Act; or (b) proceeds from a *CGT event that happens in relation to *shares in a company that was a *PDF when that event happened. (4) The amount of the non‑assessable part referred to in section 104‑70 for an entity shown in the table is adjusted to exclude the amount or amounts applicable to the entity under the table. Adjustment of non‑assessable part Item Entity Amount excluded 1 Any entity So much of the amount of a *discount capital gain excluded from the *net capital gain of the trust making the payment because of step 3 of the method statement in subsection 102‑5(1) and that is reflected in the payment to the entity 2 Individual, company or trust that has a *capital loss or *net capital loss to reduce its *capital gain described in paragraph 115‑215(3)(b) where the trust gain referred to in subsection 115‑215(3) is reduced under Subdivision 152‑C 1/2 of the amount of the capital loss or net capital loss 3 Individual or trust that has a *capital loss or *net capital loss to reduce its *capital gain described in paragraph 115‑215(3)(c) 1/4 of the amount of the capital loss or net capital loss 4 Company that has a *capital loss or *net capital loss to reduce its *capital gain described in paragraph 115‑215(3)(c) where: The excess of the reduction amount over the Subdivision 152‑C reduction to the paragraph 115‑215(3)(c) amount (a) that capital loss or net capital loss is more than 1/2 of the trust gain referred to in subsection 115‑215(3); and (b) that trust gain is reduced by an amount (the reduction amount) under Subdivision 152‑C 5 *Complying superannuation entity that has a *capital loss or *net capital loss to reduce its *capital gain described in paragraph 115‑215(3)(b) where: 1/2 of the amount of the capital loss or net capital loss (a) that capital loss or net capital loss is more than 1/2 of the trust gain referred to in subsection 115‑215(3); and (b) that trust gain is reduced under Subdivision 152‑C 6 *Complying superannuation entity that has a *capital loss or *net capital loss to reduce its *capital gain described in paragraph 115‑215(3)(c) where: The excess of the reduction amount over the Subdivision 152‑C reduction to the paragraph 115‑215(3)(c) amount (a) that capital loss or net capital loss is more than 1/4 of the trust gain referred to in subsection 115‑215(3); and (b) that trust gain is reduced by an amount (also the reduction amount) under Subdivision 152‑C 7 Any entity receiving the payment where the trust making the payment, or another trust that is part of the same *chain of trusts, has a *capital loss or *net capital loss to reduce its *capital gain described in subsection 115‑215(3) The proportion of the capital loss or net capital loss reflected in the payment Example: Claude is paid $100 by the trustee of a unit trust. The trustee advises that the amount comprises $50 CGT discount, $25 small business 50% reduction and $25 net income from a capital gain made by the trust. In applying the rules in Subdivision 115‑C of the Income Tax Assessment Act 1997, Claude reduces his capital gain of $100 by a $20 net capital loss from an earlier year. He then reduces the remaining $80 gain by $40 (CGT discount) and $20 (small business 50% reduction) leaving a net capital gain of $20. In applying the rules in CGT event E4, the $100 payment is reduced by $25 (being the amount assessed under section 97 of the Income Tax Assessment Act 1936). It is further reduced by $50 under item 1 of the table and $5 under item 3. Claude's non‑assessable part is $20. Effectively, CGT event E4 applies to the $20 small business 50% reduction allowed to Claude in applying Subdivision 115‑C of the Income Tax Assessment Act 1997. Note 1: Step 3 of the method statement in subsection 102‑5(1) (see table item 1) reduces by 50% the trust's discount capital gains remaining after applying capital losses and earlier net capital losses. That 50% is excluded from the trust's net capital gain. Note 2: Subdivision 152‑C (small business 50% reduction—see table items 2, 3, 4, 5, 6 and 7) reduces by 50% the trust's capital gains or discount capital gains remaining after applying step 3 of the method statement in subsection 102‑5(1). That 50% is also excluded from the trust's net capital gain. Note 3: Paragraph 115‑215(3)(b) or (c) (see table items 2, 3, 4, 5 and 6) treats a beneficiary as having an extra capital gain if an amount of the trust's net income that is included in the beneficiary's assessable income is attributable to trust gains that were reduced by step 3 of the method statement in subsection 102‑5(1) and/or the small business 50% reduction. (5) A chain of trusts consists of 2 or more trusts where at least one of these conditions is satisfied for each of the trusts: (a) the trustee of the trust owns units or interests in another of the trusts; or (b) the trustee of another of the trusts owns units or interests in the trust. 104‑72 Reducing your capital gain under CGT event E4 if you are a trustee (1) A *capital gain you make under subsection 104‑70(4) is reduced if: (a) you are the trustee of another trust that is a *fixed trust and is not a *complying superannuation entity; and (b) you are taken to have a *capital gain under paragraph 115‑215(3)(b) or (c) (your notional gain) in respect of a corresponding trust gain (the trust gain); and (c) some or all (the attributable amount) of the total of the non‑assessable parts referred to in subsection 104‑70(4) is attributable to proceeds from the trust gain. (2) The *capital gain is reduced (but not below 0) by the lesser of: (a) your notional gain; and (b) the attributable amount. 2 Section 115‑60 Repeal the section. 3 Subsection 995‑1(1) Insert: chain of trusts has the meaning given by section 104‑71. 4 Transitional (1) The amount of the non‑assessable part referred to in section 104‑70 of the Income Tax Assessment Act 1997 is reduced by a further amount if: (a) the trustee of a trust makes a payment to you in respect of your unit or your interest in the trust; and (b) the payment is made on or after 11.45 am, by legal time in the Australian Capital Territory, on 21 September 1999 and before 1 July 2001; and (c) you are the trustee of a trust that is not a complying superannuation entity; and (d) a discount capital gain is excluded from the net capital gain of the trust making the payment because of step 3 of the method statement in subsection 102‑5(1) of that Act. (2) The reduction is so much of the excluded discount capital gain as is reflected in the payment. 5 Application (1) The amendments made by this Schedule apply to payments by trustees made on or after 1 July 2001. (2) Item 4 applies to payments by trustees made on or after 11.45 am, by legal time in the Australian Capital Territory, on 21 September 1999 and before 1 July 2001. Schedule 4—Gifts or contributions Income Tax Assessment Act 1997 1 Subsection 30‑20(2) (at the end of the table) Add: 1.2.14 SouthCare Helicopter Fund the gift must be made after 11 September 2000 1.2.15 Breast Cancer Network Australia the gift must be made after 22 May 2001 2 Subsection 30‑25(2) (at the end of the table) Add: 2.2.20 Australian Nuffield Farming Scholars Association the gift must be made after 16 April 2001 2.2.21 Dymocks Literacy Foundation Limited the gift must be made after 4 January 2001 3 Subsection 30‑40(2) (at the end of the table) Add: 3.2.5 The Sir Earl Page Memorial Trust the gift must be made after 6 May 2001 3.2.6 Research Australia Limited the gift must be made after 26 June 2001 4 Subsection 30‑45(2) (at the end of the table) Add: 4.2.19 Reconciliation Australia Limited the gift must be made after 6 December 2000 5 Subsection 30‑50(2) (at the end of the table) Add: 5.2.11 The RSL Foundation the gift must be made after 20 September 2000 5.2.12 Australian Chinese Ex‑Services National Reunion War Memorial Fund the gift must be made after 14 December 2000 and before 16 December 2002 5.2.13 Royal Australian Air Force (RAAF) Memorial Trust Fund the gift must be made after 16 November 2000 and before 18 November 2001 6 Subsection 30‑55(2) (table item 6.2.9) Omit "the National Parks Foundation of South Australia Incorporated", substitute "the Nature Foundation SA Incorporated". 7 Application The amendment of table item 6.2.9 in subsection 30‑55(2) of the Income Tax Assessment Act 1997 applies to gifts made after 9 March 2000. 8 Section 30‑65 (table item 7.2.3) Omit "the Work Skill Australia Foundation Incorporated", substitute "the WorldSkills Australia Inc.". 9 Application The amendment of table item 7.2.3 in section 30‑65 of the Income Tax Assessment Act 1997 applies to gifts made after 10 January 2001. 10 Section 30‑65 (at the end of the table) Add: 7.2.4 Voluntary Service to Indigenous Communities Foundation the gift must be made after 16 April 2001 11 Subsection 30‑80(2) (at the end of the table) Add: 9.2.10 Australia for UNHCR the gift must be made after 27 June 2001 and before 28 June 2002 12 Section 30‑90 (at the end of the table) Add: 10.2.7 The Bradman Memorial Fund the gift must be made after 24 February 2001 13 Section 30‑95 (table item 11.2.6) Omit "none", substitute "the gift must be made before 1 July 2001". 14 Section 30‑95 (at the end of the table) Add: 11.2.8 The Foundation for Young Australians the gift must be made after 6 May 2001 11.2.9 Visy Cares the gift must be made after 19 June 2001 15 Subsection 30‑100(2) (table item 12.2.2) Omit "Australian Foundation for Culture and the Humanities Ltd.", substitute "Australian Business Arts Foundation Ltd.". 16 Application The amendment of table item 12.2.2 in subsection 30‑100(2) of the Income Tax Assessment Act 1997 applies to gifts made after 23 July 2000. 17 Subsection 30‑315(2) (table item 9A) Repeal the table item, substitute: 9A Australia for UNHCR item 9.2.10 18 Subsection 30‑315(2) (after table item 17) Insert: 17AA Australian Business Arts Foundation Ltd. item 12.2.2 18 Subsection 30‑315(2) (after table item 17A) Insert: 18 Australian Chinese Ex‑Services National Reunion War Memorial Fund item 5.2.12 19 Subsection 30‑315(2) (after table item 24) Insert: 24A Australian Nuffield Farming Scholars Association item 2.2.20 20 Subsection 30‑315(2) (after table item 28) Insert: 28AA Breast Cancer Network Australia item 1.2.15 28AB Bradman Memorial Fund item 10.2.7 21 Subsection 30‑315(2) (after table item 45) Insert: 45A Dymocks Literacy Foundation Limited item 2.2.21 22 Subsection 30‑315(2) (after table item 50B) Insert: 50C Foundation for Young Australians item 11.2.8 23 Subsection 30‑315(2) (after table item 77) Insert: 77A Nature Foundation SA Incorporated item 6.2.9 24 Subsection 30‑315(2) (after table item 94A) Insert: 94B Reconciliation Australia Limited item 4.2.19 25 Subsection 30‑315(2) (after table item 95) Insert: 95A Research Australia Limited item 3.2.6 26 Subsection 30‑315(2) (after table item 97) Insert: 97AA Royal Australian Air Force (RAAF) Memorial Trust Fund item 5.2.13 27 Subsection 30‑315(2) (after table item 104A) Insert: 104B RSL Foundation item 5.2.11 28 Subsection 30‑315(2) (after table item 110) Insert: 110A Sir Earl Page Memorial Trust item 3.2.5 29 Subsection 30‑315(2) (after table item 111A) Insert: 111B SouthCare Helicopter Fund item 1.2.14 30 Subsection 30‑315(2) (after table item 121) Insert: 122 Visy Cares item 11.2.9 122A Voluntary Service to Indigenous Communities Foundation item 7.2.4 31 Subsection 30‑315(2) (table item 126) Omit "Work Skill Australia Foundation Incorporated", substitute "WorldSkills Australia Inc.". Schedule 5—Information and communications technology etc. Fringe Benefits Tax Assessment Act 1986 1 After paragraph 65J(1)(k) Insert: (ka) a non‑profit society, or non‑profit association, established for the purpose of promoting the development of Australian information and communications technology resources; 2 Paragraph 65J(1)(l) After "viticultural,", insert "aquacultural, fishing,". 3 Application (1) The amendment made by item 1 applies to benefits provided on or after 1 April 2000. (2) The amendment made by item 2 applies to benefits provided on or after 1 April 1999. Income Tax Assessment Act 1997 4 Section 50‑40 (at the end of the table) Add: 8.3 a society or association established for the purpose of promoting the development of Australian information and communications technology resources not carried on for the profit or gain of its individual members 5 Application The amendment made by item 4 applies to income derived on or after 1 July 2000. Notes to the Taxation Laws Amendment Act (No. 5) 2001 Note 1 The Taxation Laws Amendment Act (No. 5) 2001 as shown in this compilation comprises Act No. 168, 2001 amended as indicated in the Tables below. Table of Acts Act Number Date Date of commencement Application, saving or transitional provisions and year of Assent Taxation Laws Amendment Act (No. 5) 2001 168, 2001 1 Oct 2001 See s. 2 Tax Laws Amendment (2006 Measures No. 2) Act 2006 58, 2006 22 June 2006 Schedule 7 (item 270): Royal Assent — Tax Laws Amendment (2006 Measures No. 6) Act 2007 4, 2007 19 Feb 2007 Schedule 2 (item 22): Royal Assent — Tax Laws Amendment (2010 Measures No. 2) Act 2010 75, 2010 28 June 2010 Schedule 6 (item 87): 29 June 2010 — Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 4.................... rep. No. 75, 2010 Schedule 2 Item 3.................. am. No. 58, 2006; No. 4, 2007