Commonwealth Consolidated Acts Commonwealth Consolidated ActsIncome Tax Assessment Act 1997
1 Subsection 30 - 25(1) (at the end of the table)
Add:
2.1.13 | a public fund: (a) that is established for charitable purposes; and (b) that is established and maintained solely for providing money for scholarships, bursaries or prizes to which section 30 - 37 applies | see section 30 - 37 |
2 After section 30 - 35
Insert:
30 - 37 Scholarship etc. funds
For the purposes of item 2.1.13 of the table in subsection 30 - 25(1), a scholarship, bursary or prize is one to which this section applies if:
(a) it may only be awarded to Australian citizens, or permanent residents of Australia, within the meaning of the Australian Citizenship Act 1948 ; and
(b) it is open to individuals or groups of individuals throughout a region of at least 200,000 people, or throughout at least an entire State or Territory; and
(c) it promotes recipients' education in either or both of the following:
(i) * pre - school courses, * primary courses, * secondary courses or * tertiary courses;
(ii) educational institutions overseas, by way of study of a component of a course covered by subparagraph (i); and
(d) it is awarded on merit or for reasons of equity.
4 Subsection 30 - 45(1) (at the end of the table)
Add:
4.1.5 | a public fund: (a) that is established for charitable purposes; and (b) that is established and maintained solely for providing money for the relief (including relief by way of assistance to re - establish a community) of people in Australia in distress as a result of a disaster to which subsection 30 - 46(1) applies | see section 30 - 46 |
4.1.6 | a charitable institution whose principal activity is one or both of these: (a) providing short - term direct care to animals (but not only native wildlife) that have been lost or mistreated or are without owners; (b) rehabilitating orphaned, sick or injured animals (but not only native wildlife) that have been lost or mistreated or are without owners | none |
4.1.7 | a charitable institution that would be a public benevolent institution, but for one or both of these: (a) it also promotes the prevention or the control of diseases in human beings (but not as a principal activity); (b) it also promotes the prevention or the control of * behaviour that is harmful or abusive to human beings (but not as a principal activity) | none |
5 After section 30 - 45
Insert:
30 - 46 Australian disaster relief funds
(1) For the purposes of item 4.1.5 of the table in subsection 30 - 45(1), a disaster is one to which this subsection applies if:
(a) it is declared to be a disaster, or it gives rise to a declaration of a state of emergency, by or with the approval of a Minister of a State or Territory under the law of the State or Territory; and
(b) it developed rapidly; and
(c) it resulted in the death, serious injury or other physical suffering of a large number of people, or in widespread damage to property or the natural environment.
(2) You can deduct a gift that you make to a public fund covered by item 4.1.5 of the table in subsection 30 - 45(1) only within the 2 years beginning:
(a) if the day (or the first day) on which the event occurred is specified in the declaration mentioned in paragraph (1)(a)--on that day; or
(b) otherwise--on the day of the declaration.
Note: Public funds under item 4.1.5 of the table in subsection 30 - 45(1) are for disaster relief of people in Australia. Public funds may also be established for disaster relief of people in other countries. See items 9.1.1 (which is not limited to disaster relief) and 9.1.2 of the table in section 30 - 80.
6 Subsection 30 - 50(1) (at the end of the table)
Add:
5.1.3 | a public fund established and maintained solely for providing money to reconstruct, or make critical repairs to, a particular war memorial that: (a) is located in Australia; and (b) commemorates events in a conflict in which Australia was involved, or people who are mainly Australians and who participated on Australia's behalf in a conflict; and (c) is a focus for public commemoration of the events or people mentioned in paragraph (b); and (d) is solely or mainly used for that public commemoration | the gift must be made within the 2 years beginning on the day on which: (a) the fund; or (b) if the fund is legally owned by an entity that is endorsed for the operation of the fund--the entity; is endorsed as a * deductible gift recipient under Subdivision 30 - BA |
7 Subsection 30 - 80(1) (table item 9.1.1)
Omit "a relief fund", substitute "a developing country relief fund".
8 Subsection 30 - 80(1) (at the end of the table)
Add:
9.1.2 | a public fund established and maintained by a public benevolent institution solely for providing money for the relief (including relief by way of assistance to re - establish a community) of people in a country other than: (a) Australia; and (b) a country declared by the Minister for Foreign Affairs to be a developing country; who are in distress as a result of a disaster to which subsection 30 - 86(1) applies | see section 30 - 86 |
9 Subsection 30 - 85(2)
Omit "to be a relief fund", substitute "to be a developing country relief fund".
Note: The heading to section 30 - 85 is replaced by the heading " Developing country relief funds ".
10 Subsection 30 - 85(4)
Omit "is a relief fund", substitute "is a developing country relief fund".
11 After section 30 - 85
Insert:
30 - 86 Developed country disaster relief funds
(1) For the purposes of item 9.1.2 of the table in subsection 30 - 80(1), a disaster is one to which this subsection applies if the Minister has recognised it as a disaster. The Minister may do so if satisfied that:
(a) it developed rapidly; and
(b) it resulted in the death, serious injury or other physical suffering of a large number of people, or in widespread damage to property or the natural environment.
(2) The Minister's recognition of an event as a disaster:
(a) must be in writing; and
(b) must specify the day (or the first day) of the event; and
(c) must be published on the Internet or by another method determined by the Minister.
(3) The Minister's recognition of an event as a disaster is not a legislative instrument.
(4) You can deduct a gift that you make to a public fund covered by item 9.1.2 of the table in subsection 30 - 80(1) only within the 2 years beginning on the day specified in the declaration as the day (or the first day) of the event for which the fund is to provide relief.
Note: A public fund may also be established for disaster relief of people in Australia (see item 4.1.5 of the table in section 30 - 45).
12 Subsection 30 - 315(2) (after table item 4)
Insert:
4A | Animal welfare | item 4.1.6 |
13 Subsection 30 - 315(2) (after table item 44)
Insert:
44AA | Disaster relief--public fund for relief of people in Australia | item 4.1.5 | |
44AB | Disaster relief--public fund for relief of people in developing countries | item 9.1.1 | |
44AC | Disaster relief--public fund for relief of people in developed countries | item 9.1.2 | |
14 Subsection 30 - 315(2) (table item 44A)
Omit "item 1.1.6", substitute "items 1.1.6 and 4.1.7".
15 Subsection 30 - 315(2) (table item 46)
Omit "Education bodies", substitute "Education--education bodies".
16 Subsection 30 - 315(2) (after table item 46)
Insert:
46AA | Education--public fund for scholarships, bursaries and prizes | item 2.1.13 |
17 Subsection 30 - 315(2) (table item 53B)
Omit "item 4.1.4", substitute "items 4.1.4 and 4.1.7".
18 Subsection 30 - 315(2) (table item 93)
Omit "and 4.1.2", substitute ", 4.1.2 and 4.1.7".
19 Section 995 - 1
Insert:
"pre-school course" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .
20 Section 995 - 1
Insert:
"primary course" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .
21 Section 995 - 1
Insert:
"secondary course" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .
22 Section 995 - 1
Insert:
"tertiary course" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .
Part 2 -- Application and transitional provisions
23 Application of amendments
The amendments made by this Schedule apply to gifts made on or after 1 July 2006.
24 Transitional provision for item 7
If, immediately before the commencement of item 7 of this Schedule, there is a declaration in force by the Treasurer under section 30 - 85 that a public fund is a relief fund, the declaration is taken to be a declaration that the public fund is a developing country relief fund.