Commonwealth Consolidated Acts

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TAXATION ADMINISTRATION ACT 1953 - SECT 16

Payments out of Consolidated Revenue Fund

             (1)  Where the Commissioner is required or permitted to pay an amount to a person by or under a provision of a taxation law other than:

                     (a)  a general administration provision; or

                     (b)  a provision prescribed for the purposes of this paragraph;

the amount is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

             (2)  Where:

                     (a)  an amount is required or permitted to be paid to a person:

                              (i)  by or under a provision of a taxation law other than:

                                        (A)  a general administration provision; or

                                        (B)  a provision prescribed for the purposes of this sub-subparagraph; or

                             (ii)  by way of the repayment, whether in whole or in part, to the person of an amount paid to the Commonwealth;

                     (b)  except as mentioned in paragraph (c), there is no provision of a taxation law by or under which the Commissioner is required or permitted to pay the amount; and

                     (c)  the Commissioner is required or permitted to pay the amount by or under a general administration provision;

the amount shall be taken, for the purposes of subsection (1), to be an amount that the Commissioner is required or permitted to pay to the person by or under a provision of a taxation law of the kind referred to in that subsection.

             (3)  In this section, general administration provision means a provision of a taxation law that provides that the Commissioner has the general administration of the taxation law.



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