Repeal. Proviso added Proviso added by No. 28, 1925, s. 2. Parts. Definitions. Amended by $. 3. 2. The Acts set forth in the First Schedule to this Act are repealed: Provided that the Acts repealed by this Act shall, subject to this Act, continue, and be deemed to have at all times continued, in force for all purposes in connexion with income tax payable for any financial year prior to the first day of July One thousand nine hundred and twenty-two: Provided further that no alteration or addition shall be made in or to any assessment made under any such Act after the expiration of three years from the date when the tax payable on the assessment was originally due and payable, unless the Commissioner has reason to believe that there has been an avoidance of tax owing to fraud or attempted evasion. 3. This Act shall be divided into Parts, as follows: 4. In this Act, unless the contrary intention appears : 66 Absentee " "" Assistant Commissioner means the Assistant Commissioner of "Australia" includes the Territory of Papua ; 66 'Business" includes any profession, trade, employment, vocation or calling; (a) Sub-section (2.) of section 2 of the Income Tax Assessment Act 1924 is as follows:(2.) This section shall be deemed to have commenced upon the date of the commencement of the Principal Act.". 66 66 'Commissioner" means the Commissioner administering this Act; Company " includes all bodies or associations corporate or unincorporate, but does not include partnerships; "Income" includes (a) interest upon money secured by mortgage of any property in Australia; and (b) in the case of a co-operative company or society-all sums received from members in payment for commodities supplied or animals or land sold to them or received in respect of commodities animals or land sold by the company or society whether on its own account or on account of its members, but does not include (c) any rebate received by a member of a co-operative company based on his purchases from that company where the Commissioner is satisfied that ninety per centum of its sales is made to its own members; and (d) in the case of an annuity which has been purchased -that part of the annuity which represents the purchase price; "Income from personal exertion " or "income derived by any person from personal exertion means income derived from sources in Australia consisting of earnings, salary, wages, commission, fees, bonuses, pensions, superannuation allowances, retiring allowances and gratuities not paid in a lump sum, allowances received in the capacity of employee, and the proceeds of any business carried on by the taxpayer either alone or as a partner with any other person, and any income from any property where the income forms part of the emoluments of any office or employment of profit held by the individual, but does not include interest, unless the taxpayer's principal business consists of the lending of money, and does not include rents and dividends: "Income from property" or "income derived from property means all income derived from sources in Australia and not derived from personal exertion; "Income tax" means the income tax imposed as such by any Act as assessed under this Act; Mortgage" includes any charge, lien, or encumbrance to secure the repayment of money upon which interest is payable; "Partnership means an association of persons carrying on business as partners or in receipt of income jointly, but does not include a company; 66 Person" includes a company; "Shareholder" includes stockholder; 66 Taxable income means the amount of income remaining after all deductions allowed by this Act have been made; · Taxpayer” means any person chargeable with income tax; 66 Trading Stock" means anything produced, manufactured, acquired or purchased for purposes of manufacture, sale or exchange: "Trustee" in addition to every person appointed or constituted trustee by act of parties, by order, or declaration of a court, or by operation of law, includes (a) an executor or administrator, guardian, committee, receiver or liquidator, and (b) every person having or taking upon himself the administration or control of income affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession, control or management of the income of a person under any legal or other disability. 5. This Act shall extend to the Territory of Papua, but shall not apply to any income derived from sources in Papua by a resident of Papua nor to any income earned in Papua by personal exertion by any person while there. 5A. (1.) This Act shall not apply to any income derived from primary production in the Territory of North Australia or of Central Australia by a resident of either of those Territories prior to the first day of July, One thousand nine hundred and thirty-two. (2.) In this section- (a) "Primary production means the production resulting directly from (i) cultivation of land ; (ii) maintenance of animals or poultry; (iii) mining; or (iv) fisheries, and includes dairy produce manufactured by the person who produced the raw material used in the manufacture of that produce; and (b) "income derived from primary production means income which is derived directly and in the first place from primary production. PART II.-ADMINISTRATION. 6. (1.) The Commissioner of Taxation shall have the general administration of this Act. (2.) The Commissioner shall be paid such remuneration as the Parliament provides. 7.-(1.) Subject to this section the Assistant Commissioner shall have and may exercise all the powers and functions of the Commissioner under this Act. (2.) Where in this Act the exercise of any power or function by the Commissioner or the operation of any provision of this Act is dependent upon the opinion, belief or state of mind of the Commissioner in relation to any matter, that power or function may be exercised by the Assistant Commissioner or that provision may operate (as the case may be) upon the opinion, belief or state of mind of the Assistant Commissioner in relation to that matter. (3.) Nothing in this section shall be deemed to confer upon the Assistant Commissioner any power or function of the Commissioner under sub-section (1.) of section six, or under section nine or ten of this Act or to prevent the exercise of any power or function by the Commissioner under this Act, and the Commissioner shall have, in relation to any act of the Assistant Commissioner, the same power as if that act were done by himself. 7A.—(1.) There may be a Second Commissioner of Taxation. (2.) The person for the time being holding the office of Assistant Commissioner of Taxation shall be the Second Commissioner of Taxation; and any reference in this Act to the Assistant Commissioner shall be deemed to include a reference to the Second Commissioner of Taxation. Commissioners. 8. The Deputy Commissioners of Taxation shall, subject to the Deputy control of the Commissioner, have such powers and functions as are prescribed, or as the Commissioner directs. by the No. 32, 1927, 9.-(1.) The Commissioner may, in relation to any particular Delegation matters or class of matters, or to any particular State or part of Commissioner. the Commonwealth, by writing under his hand, delegate to a Deputy Amended by Commissioner or other person all or any of his powers or functions 3.6. under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the Deputy Commissioner or person with respect to the matters or class of matters or the State or part of the Commonwealth specified in the instrument of delegation. (2.) Every delegation under this section shall be revocable at will, but any delegation shall not prevent the exercise of any power or function by the Commissioner. (3). Any delegation under this section may be made subject to a power of review and alteration, within the period specified in the instrument of delegation, by the Commissioner of any act done in pursuance of the delegation and the decision given upon any such review or alteration shall be deemed to be that of the Commissioner. 9A. Any reference in this Act to the Commissioner shall be deemed to include(a) in respect of matters as to which the Assistant Commissioner has exercised any power or function conferred upon him by this Act-a reference to the Assistant Commissioner; and (b) in respect of matters as to which a Deputy Commissioner has exercised any power or function conferred upon him by delegation under this Act-a reference to that Deputy Commissioner. C.1533.-10 Inserted by No. 32, 1927, .. References to Commissioner. No. 32, 1927, s. 7. 10.—(1.) The Commissioner shall furnish to the Treasurer annually for presentation to the Parliament, a report on the working of this Act. (2.) In the report the Commissioner shall draw attention to any breaches or evasions of this Act which have come under his notice. 11. (1.) The Governor-General may make arrangements with the Governor in Council of a State for the collection by the Commonwealth on behalf of the State of income tax at rates to be fixed by the Parliament of the State on a taxable income ascertained in accordance with this Act or an Act of that State. (2.) The Governor-General may make regulations for carrying into effect any arrangement made under the provisions of this section. 12.-(1.) Every person executing any power or duty conferred or imposed on an officer under this Act or the Regulations shall, before entering upon his duties or exercising any power under this Act, make before a Justice of the Peace or a Commissioner for taking Affidavits or a Commissioner for Declarations, a declaration in the form prescribed. (2.) Any person who acts in the execution of any duty under this Act or the Regulations before he has made the prescribed declaration or who after making the declaration makes a record of or divulges any information relating to the affairs of a person except in the performance of any duty under this Act shall be guilty of an offence Penalty: Two hundred and fifty pounds. (3.) Any person who has been an officer or has performed any duty under this Act or under any Act repealed by this Act, and who communicates any information acquired by him in the performance of any duty under this Act or the Regulations or under any Act repealed by this Act or under any Regulations made under any such repealed Act to any person other than a person to whom he is authorized by the Commissioner, Assistant Commissioner or a Deputy Commissioner, to communicate it shall be guilty of an offence. Penalty Two hundred and fifty pounds. (4.) Notwithstanding anything contained in this section, the Commissioner, the Assistant Commissioner or a Deputy Commissioner may communicate any matter which comes to his knowledge in the performance of his official duties, to the Commissioner of Income Tax for any State, or the officer or authority administering any Act of a State relating to Stamp Duties or Succession Duties (who is authorized by law to afford similar information to the Commissioner, the Assistant Commissioner or a Deputy Commissioner) or to the Commissioner of Pensions or the Repatriation Commission for the purpose of the administration of any law of the Commonwealth relating to pensions. |