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Taxation Administration Regulations 1997

Legislation · Victoria · 2020
i Taxation Administration Regulations 1997 S.R. No. 172/1997 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 2 3. Definitions 2 4. Expenses for persons required to attend under section 73 of the Act 2 5. Receipt for seized documents or things 3 6. Reciprocal taxation laws 3 7. Time for AAT to re-open matter 3 __________________ SCHEDULES 4 SCHEDULE 1—Property Collection Record 4 SCHEDULE 2—Reciprocal Taxation Laws 5 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 1997 S.R. No. 172/1997 Taxation Administration Act 1997 Taxation Administration Regulations 1997 The Governor in Council makes the following Regulations: Dated: 16 December 1997 Responsible Minister: ALAN R. STOCKDALE Treasurer SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) prescribe a scale of expenses to be paid to persons required to attend and give evidence; (b) provide for a form of receipt for the seizure of materials; (c) prescribe reciprocal taxation laws for the purpose of disclosure of information; (d) provide for the time within which the Administrative Appeals Tribunal may re- open a matter when an objector is in default of appearance. -- 2 of 7 -- S.R. No. 172/1997 Taxation Administration Regulations 1997 2 2. Authorising provisions These regulations are made under sections 73(5), 76(3), 92, 111(2) and 136 of the Taxation Administration Act 1997. 3. Definitions In these Regulations— "half day" means a period not exceeding 4 hours in any day, whether that period is continuous or not; "the Act" means the Taxation Administration Act 1997. 4. Expenses for persons required to attend under section 73 of the Act The scale of expenses prescribed for persons required to attend and give evidence under section 73 of the Act is as follows— (a) for travelling expenses, if a person's principal residence or principal place of business is— (i) more than 7 kilometres from the place of attendance, the sum reasonably and actually paid; or (ii) not more than 7 kilometres from the place of attendance, $1.00 per kilometre or part thereof; (b) for persons ordinarily receiving wages, salary, remuneration or fees— (i) $56 per half day of attendance or part thereof; or (ii) for a period exceeding a half day, the amount actually lost by reason of r. 2 -- 3 of 7 -- S.R. No. 172/1997 Taxation Administration Regulations 1997 3 attendance or $120 per day, whichever is the lower; (c) for persons who are engaged in business as principals on their own behalf, or who receive partnership income, $71 per half day of attendance or part thereof, but not exceeding $120 per day; (d) for expenses for legal or other representation at the attendance, $50; (e) for expenses for the presence of an interpreter at the attendance, $22 per hour of attendance or part thereof plus any travelling expenses of the interpreter determined in accordance with paragraph (a). 5. Receipt for seized documents or things The form of receipt prescribed for the purposes of section 76(3) of the Act is Form 1 in Schedule 1. 6. Reciprocal taxation laws The laws specified in Schedule 2 are reciprocal taxation laws for the purposes of section 92(c) of the Act. 7. Time for AAT to re-open matter The time prescribed for the purposes of section 111(2) of the Act is the period of 6 weeks commencing on the day on which the assessment or decision is confirmed by the Tribunal. __________________ r. 5 -- 4 of 7 -- S.R. No. 172/1997 Taxation Administration Regulations 1997 4 SCHEDULES SCHEDULE 1 FORM 1 Regulation 5 Taxation Administration Act 1997 PROPERTY COLLECTION RECORD Premises: Name: Date: Time: Authorised officer: Item no. Applicable period Description of item Collected by Where item found Time found Certificate of collection Authorised officer (Print name) (Signature) *Owner/Occupier/representative (Print name) (Signature) Forwarded to Date / / * Delete whichever is not applicable __________________ Sch. 1 -- 5 of 7 -- S.R. No. 172/1997 Taxation Administration Regulations 1997 5 SCHEDULE 2 RECIPROCAL TAXATION LAWS Regulation 6 1. Commonwealth Taxation Administration Act 1953 2. New South Wales Debits Tax Act 1990 Land Tax Act 1956 Land Tax Management Act 1956 Pay-roll Tax Act 1971 Revenue Laws (Reciprocal Powers) Act 1987 Stamp Duties Act 1920 Taxation Administration Act 1996 3. Queensland Debits Tax Act 1990 Land Tax Act 1915 Pay-roll Tax Act 1971 Revenue Laws (Reciprocal Powers) Act 1988 Stamp Act 1894 4. South Australia Debits Tax Act 1994 Financial Institutions Duty Act 1983 Land Tax Act 1936 Pay-roll Tax Act 1971 Stamp Duties Act 1923 Taxation Administration Act 1996 Taxation (Reciprocal Powers) Act 1989 5. Western Australia Debits Tax Assessment Act 1990 Financial Institutions Duty Act 1983 Land Tax Assessment Act 1976 Pay-roll Tax Act 1971 Pay-roll Tax Assessment Act 1971 Stamp Act 1921 Taxation (Reciprocal Powers) Act 1989 Sch. 2 -- 6 of 7 -- S.R. No. 172/1997 Taxation Administration Regulations 1997 6 6. Tasmania Debits Tax Transfer Act 1990 Financial Institutions Duty Act 1986 Land and Income Taxation Act 1910 Pay-roll Tax Act 1971 Stamp Duties Act 1931 Taxation (Reciprocal Powers) Act 1993 7. Australian Capital Territory Debits Tax Act 1997 Financial Institutions Duty Act 1987 Payroll Tax Act 1987 Stamp Duties and Taxes Act 1987 Taxation (Administration) Act 1987 8. Northern Territory Debits Tax Act 1990 Financial Institutions Duty Act 1989 Pay-roll Tax Act 1978 Stamp Duty Act 1978 Taxation (Administration) Act 1978 ═══════════════ Sch. 2 -- 7 of 7 --