C1953A00001 — Taxation Administration Act 1953

1 Short title This Act may be cited as the Taxation Administration Act 1953 . 2 Interpretation (1) In this Act (except Schedule 1), unless the contrary intention appears: approved form has the meaning given by Schedule 1. ASIO means the Australian Security Intelligence Organisation. assessable amount has the meaning given by subsection 155 ‑ 5(2) in Schedule 1. Australia , when used in a geographical sense, has the same meaning as in the Income Tax Assessment Act 1997 . Commissioner means the Commissioner of Taxation. Deputy Commissioner means any Deputy Commissioner of Taxation. Director ‑ General of Security means the Director ‑ General of Security holding office under the Australian Security Intelligence Organisation Act 1979 . Division 296 general interest charge rate has the meaning given by subsection 8AAD(1A). eligible recipient has the meaning given by section 14ZZV. eligible whistleblower has the meaning given by section 14ZZU. engage in conduct means: (a) do an act; or (b) omit to perform an act. excess concessional contributions determination has the same meaning as in subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . excise law has the meaning given by the Income Tax Assessment Act 1997 . exempt Australian government agency has the meaning given by subsection 995 ‑ 1(1) of the Income Tax Assessment Act 1997 . failure to notify penalty means the penalty worked out under Division 2 of Part IIA. fuel tax law has the meaning given by the Fuel Tax Act 2006 . general interest charge means the charge worked out under Part IIA. Immigration Department has the meaning given by the Income Tax Assessment Act 1997 . Immigration Secretary has the meaning given by the Income Tax Assessment Act 1997 . indirect tax law has the meaning given by the Income Tax Assessment Act 1997 . ineligible income tax remission decision has the meaning given by section 14ZS. Laminaria and Corallina decommissioning levy has the same meaning as in the Income Tax Assessment Act 1997 . late reconciliation statement penalty means the penalty worked out under Division 3 of Part IIA. migration officer means: (a) the Immigration Secretary; or (b) an employee of the Immigration Department. objection decision has the meaning given by subsection 14ZY(2). officer means a person appointed or engaged under the Public Service Act 1999 . private indirect tax ruling means a private ruling, to the extent that it relates to an indirect tax law (other than the fuel tax law). private ruling has the meaning given by section 359 ‑ 5 in Schedule 1. registered tax agent or BAS agent has the same meaning as in the Tax Agent Services Act 2009 . Second Commissioner means a Second Commissioner of Taxation. taxation law has the meaning given by the Income Tax Assessment Act 1997 . Note: See also subsection (2). tax liability means a liability to the Commonwealth arising under, or by virtue of, a taxation law. Tax Practitioners Board means the Tax Practitioners Board established by section 60 ‑ 5 of the Tax Agent Services Act 2009 . Tribunal means the Administrative Review Tribunal. (2) Despite the definition of taxation law in subsection (1), an Excise Act (as defined in subsection 4(1) of the Excise Act 1901 ) is not a taxation law for the purposes of Part III of this Act. 2A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 2B Act binds the Crown This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 3 Application This Act extends to every external Territory referred to in the definition of Australia . 3AA Schedule 1 (1) Schedule 1 has effect. Definitions in Schedule 1 do not apply to rest of Act (1A) So far as a provision in Schedule 1 gives an expression a particular meaning, the provision does not also have effect for the purposes of this Act (other than Schedule 1), except as provided in this Act (other than Schedule 1). Application of interpretation provisions of Income Tax Assessment Act 1997 (2) An expression has the same meaning in Schedule 1 as in the Income Tax Assessment Act 1997 . (3) Division 950 of the Income Tax Assessment Act 1997 (which contains rules for interpreting that Act) applies to Schedule 1 to this Act as if the provisions in that Schedule were provisions of that Act. 3A General administration of Act The Commissioner has the general administration of this Act. Note: An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1. 3B Annual report (1) The Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act. (1AA) A report under subsection (1) in relation to a year ending on 30 June shall: (b) set out: (i) the number of occasions (if any) during the year on which a request was made to disclose information under subsection 355 ‑ 55(1) in Schedule 1 (about disclosures to Ministers); and (ii) the number of occasions (if any) during the year on which information was disclosed under that subsection; and (iii) the Ministers to whom the information was disclosed; and (c) set out: (i) the number of occasions (if any) during the year on which a request was made to disclose information under subsection 355 ‑ 70(1) in Schedule 1 (about disclosures for law enforcement and related purposes); and (ii) the number of occasions (if any) during the year on which information was disclosed under that subsection; and (iii) the types of entities and the names of the courts and tribunals to which the information was disclosed; and (iv) if the information was disclosed under table item 1 or 6 in subsection 355 ‑ 70(1)—the general categories of offences in relation to which the information was disclosed; and (d) set out the number (if any) of taxation officers (within the meaning of the Income Tax Assessment Act 1997 ) found guilty of the offence in section 355 ‑ 25 in Schedule 1 (about disclosure of protected information); and (e) set out information on the exercise during the year of the Commissioner’s powers under Subdivision 370 ‑ A in Schedule 1 (Commissioner’s remedial power). (1C) Subsection (1) does not apply in relation to Part III and sections 15 and 15A insofar as that Part and those sections apply in relation to the Tax Agent Services Act 2009 . (2) The Minister shall cause a copy of a report furnished under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. (3) For the purposes of section 34C of the Acts Interpretation Act 1901 , a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June. (4) In this section: this Act does not include Part IVC. 3C Reporting of information about corporate tax entity with reported total income of $100 million or more (1) This section applies to an entity for an income year if: (a) the entity is a corporate tax entity; and (b) the entity has total income equal to or exceeding $100 million for the income year, according to information reported to the Commissioner in the entity’s income tax return for the income year. An expression used in this subsection that is also used in the Income Tax Assessment Act 1997 has the same meaning as in that Act. (2) The Commissioner must, as soon as practicable after the end of the income year, make publicly available the information mentioned in subsection (3). (3) The information is as follows: (a) the entity’s ABN (within the meaning of the Income Tax Assessment Act 1997 ) and name; (b) the entity’s total income for the income year, according to information reported to the Commissioner in the entity’s income tax return (within the meaning of that Act) for the income year; (c) the entity’s taxable income or net income (if any) for the income year, according to information reported to the Commissioner in that income tax return; (d) the entity’s income tax payable (if any) for the financial year corresponding to the income year, according to information reported to the Commissioner in that income tax return. (4) Subsection (5) applies if: (a) the entity gives the Commissioner a notice in writing that the return mentioned in paragraph (3)(b) contains an error; and (b) the notice contains information that corrects the error. (5) The Commissioner may at any time make the information mentioned in paragraph (4)(b) publicly available, in accordance with subsection (2), in order to correct the error. (6) To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure. 3CA Reporting of information by corporate country by country reporting entities (1) This section applies to a corporate tax entity for an income year if: (a) the entity is a country by country reporting entity for the income year; and (b) at the end of the income year, the entity is: (i) an Australian resident; or (ii) a foreign resident who operates an Australian permanent establishment (within the meaning of Part IVA of the Income Tax Assessment Act 1936 ); and (c) the entity does not lodge a general purpose financial statement for the financial year most closely corresponding to the income year: (i) with the Australian Securities and Investments Commission; and (ii) within the time provided under subsection 319(3) of the Corporations Act 2001 for lodgement of a report for that financial year. (1A) However, this section does not apply to a corporate tax entity for an income year if: (a) the entity is a government related entity (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ); and (b) the Commissioner has given notice to the entity for the income year under subsection (1B). (1B) For the purposes of paragraph (1A)(b), the Commissioner may give notice in writing to a government related entity (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ) for one or more specified income years if the Commissioner considers that it is appropriate to do so. (2) A corporate tax entity to which this section applies for an income year must, on or before the day by which the entity is required to lodge its income tax return for the income year with the Commissioner, give to the Commissioner in the approved form a general purpose financial statement for the financial year most closely corresponding to the income year. Note: Section 286 ‑ 75 in Schedule 1 provides an administrative penalty for breach of this subsection. (3) The Commissioner must give a copy of the statement to the Australian Securities and Investments Commission. (4) The giving of the copy to the Australian Securities and Investments Commission under subsection (3) is taken, for the purposes of the Corporations Act 2001 , to be lodgement of the document with the Australian Securities and Investments Commission. Note: Under section 1274 of the Corporations Act 2001 , a person may inspect, and require to be given a copy or extract of, any document lodged with the Australian Securities and Investments Commission. (5) For the purposes of this section, a general purpose financial statement in relation to an entity: (a) must be prepared in accordance with: (i) the accounting principles; or (ii) if accounting principles do not apply in relation to the entity—commercially accepted principles relating to accounting; and (b) if the entity is a member of a group of entities that are consolidated for accounting purposes as a single group—must relate to: (i) the entity; or (ii) the entity and some or all of the other members of the group. (6) An expression used in this section that is also used in the Income Tax Assessment Act 1997 has the same meaning as in that Act. 3D Publication of information by certain country by country reporting entities (1) This section applies to an entity for a period mentioned in subsection (2) (the reporting period ) if: (a) the entity is: (i) a constitutional corporation; or (ii) a partnership in which each of the partners is a constitutional corporation; or (iii) a trust of which each of the trustees is a constitutional corporation; and (b) the entity was a country by country reporting parent for a period that includes the whole or a part of the period mentioned in subsection (2) that preceded the reporting period; and (c) the entity is a member of a country by country reporting group at any time during the reporting period; and (d) at any time during the reporting period, the entity or another member of the country by country reporting group is: (i) an Australian resident; or (ii) a foreign resident who operates an Australian permanent establishment (within the meaning of Part IVA of the Income Tax Assessment Act 1936 ); and (e) assuming that the reporting period were an income year, both of the following apply: (i) the entity’s aggregated turnover for the income year includes one or more amounts of income from an Australian source; (ii) the sum of those amounts is $10 million or more; and (f) the entity is not included in a class of entities: (i) prescribed by the regulations for the purposes of this subparagraph; or (ii) specified in a legislative instrument under subsection 3DB(4); and (g) the entity and the reporting period are not specified in an exemption under subsection 3DB(5). (2) For the purposes of subsection (1), the period is: (a) if paragraph (b) of this subsection does not apply—each period for which audited consolidated financial statements for the entity for the period are prepared; or (b) if the entity does not prepare audited consolidated financial statements—each period for which the entity would be, on the assumption that the entity were a listed company (within the meaning of section 26BC of the Income Tax Assessment Act 1936 ), required to prepare such statements. Publication of information (3) An entity to which this section applies for a reporting period must, within 12 months after the end of the reporting period: (a) publish the information set out in subsection 3DA(1), except to the extent the entity, the information and the reporting period are specified in an exemption under subsection 3DB(6); and (b) do so by giving a document containing the information to the Commissioner in the approved form. Note: Subsection 288 ‑ 140(1) in Schedule 1 provides for an administrative penalty for failing to comply with this subsection on time. (4) The Commissioner must, as soon as practicable after receiving the document given in accordance with paragraph (3)(b), make the information in the document available on an Australian government website. Government related entities (5) This section does not apply to a corporate tax entity for a period mentioned in subsection (2) if: (a) the entity is a government related entity (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ); and (b) the Commissioner has given notice to the entity for the period under subsection (6). (6) For the purposes of paragraph (5)(b), the Commissioner may give notice in writing to a government related entity (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ) for one or more specified periods if the Commissioner considers that it is appropriate to do so. Interpretation (7) An expression used in this section or section 3DA or 3DB that is also used in the Income Tax Assessment Act 1997 has the same meaning as in that Act. 3DA Publication of information by certain country by country reporting entities—information to be published (1) For the purposes of paragraph 3D(3)(a), the information the entity must publish is as follows: (a) the name of the entity; (b) the names of each other entity that, at that time, was a member of the country by country reporting group; (c) a description of the country by country reporting group’s approach to tax; (d) the matters listed in subsection (3) of this section for the reporting period in respect of each of the following jurisdictions: (i) Australia; (ii) a jurisdiction specified in a determination under subsection (4), if the country by country reporting group operates in that jurisdiction; (e) in respect of the jurisdictions in which the country by country reporting group operates that are not mentioned in paragraph (d) of this subsection: (i) a description of the country by country reporting group’s main business activities for the reporting period in the area consisting of those jurisdictions; (ii) for each matter listed in subsection (5), the amounts for the reporting period for that matter in respect of each jurisdiction in the area, published as a sum of those amounts for that matter; (iii) the currency used in calculating and presenting the information mentioned in subparagraph (ii); (f) if regulations for the purposes of this paragraph prescribe information—that information. (2) However, for the purposes of this section and sections 3D and 3DB, the entity is taken to have published the information set out in paragraph (1)(e) of this section if it publishes the matters listed in subsection (3) for the reporting period in respect of each jurisdiction in which the country by country reporting group operates. (3) For the purposes of paragraph (1)(d) and subsection (2), the following matters are listed: (a) the name of the jurisdiction; (b) a description of main business activities; (c) the number of employees (on a full ‑ time equivalent basis) as at the end of the reporting period; (d) revenue from unrelated parties; (e) revenue from related parties that are not tax residents of the jurisdiction; (f) profit or loss before income tax; (g) the book value at the end of the reporting period of tangible assets, other than cash and cash equivalents; (h) income tax paid (on a cash basis); (i) income tax accrued (current year); (j) the reasons for the difference between: (i) the amount mentioned in paragraph (i) of this subsection; and (ii) the amount of income tax due if the income tax rate applicable in the jurisdiction were applied to the amount mentioned in paragraph (f) of this subsection; (k) the currency used in calculating and presenting the information mentioned in paragraphs (d) to (j) of this subsection. (4) For the purposes of subparagraph (1)(d)(ii), the Minister may, by legislative instrument, make a determination specifying jurisdictions. (5) For the purposes of subparagraph (1)(e)(ii), the following matters are listed: (a) the number of employees (on a full ‑ time equivalent basis) as at the end of the reporting period; (b) revenue from unrelated parties; (c) revenue from related parties that are not tax residents of the jurisdiction; (d) profit or loss before income tax; (e) the book value at the end of the reporting period of tangible assets, other than cash and cash equivalents; (f) income tax paid (on a cash basis); (g) income tax accrued (current year). (6) The amounts published by the entity for the matters listed in paragraphs (3)(c) to (i) and subsection (5) must be based on: (a) if paragraph (b) of this subsection does not apply—amounts as shown in the audited consolidated financial statements for the entity for the reporting period; or (b) if audited consolidated financial statements for the entity for the reporting period have not been prepared—amounts that would be, on the assumptions that the entity were a listed company (within the meaning of section 26BC of the Income Tax Assessment Act 1936 ) and such statements were prepared, shown in those statements. Interpretation (7) For the purposes of determining the effect that paragraph (1)(c), subsections (3) and (5) and any regulations made for the purposes of paragraph (1)(f) have in relation to an entity, identify information mentioned in those provisions: (a) so as best to achieve consistency with Disclosures 207 ‑ 1 and 207 ‑ 4 of GRI 207:Tax 2019 of the Global Reporting Initiative’s Sustainability Reporting Standards; and (b) having regard to the following documents, to the extent they are relevant: (i) the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, as approved by the Council of the Organisation for Economic Cooperation and Development and last amended on 7 January 2022; (ii) Guidance on the Implementation of Country ‑ by ‑ Country Reporting: BEPS Action 13 (2022) of the Organisation for Economic Cooperation and Development; (iii) a document, or part of a document, prescribed by the regulations for the purposes of this subparagraph. Note 1: The document in paragraph (a) could in 2024 be viewed on the Global Reporting Initiative’s website (https://www.globalreporting.org). Note 2: The documents in subparagraphs (b)(i) and (ii) could in 2024 be viewed on the Organisation for Economic Cooperation and Development’s website (https://www.oecd.org). 3DB Publication of information by certain country by country reporting entities—corrections and exemptions etc. Corrections (1) If an entity becomes aware that a document it has given to the Commissioner under paragraph 3D(3)(b) contains an error, it: (a) if the error is a material error—must; or (b) otherwise—may; publish information that corrects the error by giving a document containing the information to the Commissioner in the approved form. (2) If paragraph (1)(a) applies, the entity must publish the information by giving the document containing the information to the Commissioner no later than 28 days after the entity becomes aware of the error. Note: Subsection 288 ‑ 140(1) in Schedule 1 provides for an administrative penalty for failing to comply with paragraph (1)(a) of this section on time. (3) The Commissioner must, as soon as practicable after receiving the document given in accordance with subsection (1), make the information available on an Australian government website. Exemptions (4) For the purposes of subparagraph 3D(1)(f)(ii), the Commissioner may, by legislative instrument, specify a class of entity to which subsection 3D(3) does not apply. (5) For the purposes of paragraph 3D(1)(g), the Commissioner may, by notice in writing, specify: (a) an entity that is exempt from publishing information under subsection 3D(3); and (b) the reporting period for which the exemption applies. (6) For the purposes of paragraph 3D(3)(a), the Commissioner may, by notice in writing, specify: (a) an entity that is exempt from publishing information of a particular kind; and (b) the particular kind of information that the entity is exempt from publishing; and (c) the reporting period for which the exemption applies. (7) A notice under subsection (5) or (6) must only specify a single reporting period. (8) A notice under subsection (5) or (6) is not a legislative instrument. 3E Reporting of information about entity with PRRT payable (1) This section applies to an entity if the entity has an amount of PRRT payable for a year of tax, according to information reported to the Commissioner in the entity’s PRRT return for the year of tax. (2) The Commissioner must, as soon as practicable after the end of the year of tax, make publicly available the information mentioned in subsection (3). (3) The information is as follows: (a) the entity’s ABN (within the meaning of the Income Tax Assessment Act 1997 ) and name; (b) the PRRT payable by the entity in respect of the year of tax, according to information reported to the Commissioner in the entity’s PRRT return for the year of tax. (4) Subsection (5) applies if: (a) the entity gives the Commissioner a notice in writing that the return mentioned in paragraph (3)(b) contains an error; and (b) the notice contains information that corrects the error. (5) The Commissioner may at any time make the information mentioned in paragraph (4)(b) publicly available, in accordance with subsection (2), in order to correct the error. (6) To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure. (7) In this section: PRRT return means a return under section 59 or 60 of the Petroleum Resource Rent Tax Assessment Act 1987 . year of tax has the meaning given by the Petroleum Resource Rent Tax Assessment Act 1987 . 3F Reporting of information about junior minerals exploration incentive offset (1) This section applies if the Commissioner makes a determination under section 418 ‑ 101 of the Income Tax Assessment Act 1997 allocating exploration credits to an entity for an income year. (2) The Commissioner must, as soon as practicable after making the determination, make publicly available: (a) the ABN and name of the entity; and (b) the amount of the entity’s exploration credits allocation for the income year. (3) An expression used in this section that is also used in the Income Tax Assessment Act 1997 has the same meaning as in that Act. 3G Electronic invoicing (1) The Commissioner’s functions include the function of developing and/or administering a framework or system for electronic invoicing. (2) Without limiting subsection (1), the Commissioner may develop the framework or system by adopting (with appropriate modifications) a framework or system for electronic invoicing operating outside Australia. (3) The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions under this section. (4) Without limiting subsection (3), the Commissioner’s powers under that subsection include: (a) entering into agreements for integrating the framework or system for electronic invoicing mentioned in subsection (1) with frameworks or systems for electronic invoicing that operate outside Australia; and (b) entering into agreements for accessing the framework or system for electronic invoicing mentioned in subsection (1); and (c) liaising with: (i) foreign countries; and (ii) agencies, and other entities, of foreign countries; to develop common approaches to electronic invoices between countries. (5) This section does not limit any functions or powers the Commissioner has apart from this section. 3H Reporting of information about research and development tax offset (1) This section applies to an R&D entity in relation to an income year if, according to information the entity gave the Commissioner, the entity is entitled under Division 355 of the Income Tax Assessment Act 1997 to a tax offset for amounts it can deduct under that Division for the income year. (2) The Commissioner must, as soon as practicable after the second 30 June after the financial year corresponding to the income year, make publicly available the information mentioned in subsection (3). (3) The information is as follows: (a) the entity’s name; (b) the entity’s ABN or, if the first information the entity gave the Commissioner indicating the entity’s entitlement to the tax offset does not include the entity’s ABN but does include the entity’s ACN (within the meaning of the Corporations Act 2001 ), the entity’s ACN; (c) if, according to the first information the entity gave the Commissioner indicating the entity’s entitlement to the tax offset, the total described in paragraph (4)(a) exceeds the total described in paragraph (4)(b)—the excess. (4) For the purposes of paragraph (3)(c), the totals are as follows: (a) the total of what the entity can deduct for the income year as described in subsection (1) of this section; (b) the total of the amounts the entity has under section 355 ‑ 445 of the Income Tax Assessment Act 1997 for the income year. (5) Subsection (6) applies if: (a) the entity gives the Commissioner a notice in writing that the information mentioned in paragraph (3)(c) contains an error; and (b) the notice contains information that corrects the error. (6) The Commissioner may at any time make the information mentioned in paragraph (5)(b) publicly available, in accordance with subsection (2), in order to correct the error. (7) To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure. (8) An expression used in this section and in the Income Tax Assessment Act 1997 has the same meaning in this section as in that Act. 3J Functions relating to digital ID systems (1) The Commissioner’s functions include providing services, or access to services, within digital ID systems. (2) Without limiting subsection (1), the Commissioner may participate within the Australian Government Digital ID System as one or more kinds of accredited entities. (3) The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions under this section. (4) This section does not limit any functions or powers the Commissioner has apart from this section. (5) To avoid doubt: (a) the Digital ID Act 2024 is not a taxation law; and (b) the functions referred to in subsection (1) are not performed under, or for the purposes of, a taxation law. (6) In this section: accredited entity has the same meaning as in the Digital ID Act 2024 . Australian Government Digital ID System has the same meaning as in the Digital ID Act 2024 . digital ID system has the same meaning as in the Digital ID Act 2024 . 3K Reporting of information about CMPTI tax offset (1) This section applies to a company in relation to an income year if, according to information the entity gave the Commissioner, the company is entitled to the CMPTI tax offset for the income year. (2) The Commissioner must, as soon as practicable after the second 30 June after the financial year corresponding to the income year, make publicly available the information mentioned in subsection (3). (3) The information is as follows: (a) the company’s name; (b) the company’s ABN; (c) the amount of the company’s CMPTI tax offset for the income year. (4) Subsection (5) applies if: (a) the entity gives the Commissioner a notice in writing that the information mentioned in paragraph (3)(c) contains an error; and (b) the notice contains information that corrects the error. (5) The Commissioner may at any time make the information mentioned in paragraph (4)(b) publicly available, in accordance with subsection (2), in order to correct the error. (6) To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure. (7) An expression used in this section and in the Income Tax Assessment Act 1997 has the same meaning in this section as in that Act. 3L Reporting of information about hydrogen production tax offset (1) This section applies to an entity in relation to an income year if, according to information the entity gave the Commissioner, the entity is entitled under Division 421 of the Income Tax Assessment Act 1997 to a tax offset for the income year. (2) The Commissioner must, as soon as practicable after the second 30 June after the financial year corresponding to the income year, make publicly available the information mentioned in subsection (3). (3) The information is as follows: (a) the entity’s name; (b) the entity’s ABN or, if the first information the entity gave the Commissioner indicating the entity’s entitlement to the tax offset does not include the entity’s ABN but does include the entity’s ACN (within the meaning of the Corporations Act 2001 ), the entity’s ACN; (c) the sum of the amounts of the tax offsets that the entity is entitled to under Division 421 of the Income Tax Assessment Act 1997 for the income year, where the amount of each tax offset is worked out according to the first information that the entity gave the Commissioner indicating the entity’s entitlement to the tax offset. (4) Subsection (5) applies if: (a) the entity gives the Commissioner notice, in the approved form, that the information mentioned in subsection (3) contains an error; and (b) the notice contains information that corrects the error. (5) The Commissioner may at any time make the information mentioned in paragraph (4)(b) publicly available, in accordance with subsection (2), in order to correct the error. (6) To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure. (7) An expression used in this section and in the Income Tax Assessment Act 1997 has the same meaning in this section as in that Act. 4 Commissioner and Second Commissioners of Taxation There shall be a Commissioner of Taxation and 3 Second Commissioners of Taxation, who shall be appointed by the Governor ‑ General. 4A Statutory Agency etc. for purposes of Public Service Act (1) The staff necessary to assist the Commissioner are to be persons engaged under the Public Service Act 1999 . (2) For the purposes of the Public Service Act 1999 : (a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency; and (b) the Commissioner is the Head of that Statutory Agency. 5 Tenure of Commissioner and Second Commissioners (1) The Commissioner of Taxation and each Second Commissioner of Taxation shall be appointed for terms of 7 years respectively and shall be eligible for re ‑ appointment. (3) The Commissioner of Taxation and the Second Commissioners of Taxation are not subject to the Public Service Act 1999 . 5A Remuneration and allowances of Commissioner and Second Commissioners (1) The Commissioner of Taxation and the Second Commissioners of Taxation shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, they shall be paid remuneration at the respective rates that were applicable immediately before the commencement of this section. (2) The Commissioner of Taxation and the Second Commissioners of Taxation shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973 . 6 Leave of absence (1) The Commissioner and a Second Commissioner have such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner and a Second Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines. 6A Resignation The Commissioner or a Second Commissioner may resign his or her office by writing signed by the Commissioner or Second Commissioner, as the case may be, and delivered to the Governor ‑ General. 6B Acting appointments (1) The Minister may appoint a person to act in the office of Commissioner of Taxation: (a) during a vacancy in that office; or (b) during any period, or during all periods, when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 . (2) The Minister may appoint a person to act in an office of Second Commissioner of Taxation: (a) during a vacancy in that office; or (b) during any period, or during all periods, when the person holding the office of Second Commissioner of Taxation is absent from duty or from Australia, is acting in the office of Commissioner of Taxation or is, for any other reason, unable to perform the functions of the office of Second Commissioner of Taxation. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 . (6) While a person is acting in the office of Commissioner of Taxation, the person has and may exercise all the powers, and shall perform all the functions, of the Commissioner under this Act or any other law. (6A) For the purposes of subsection (6), the Commissioner’s powers and functions include powers and functions given to the Commissioner: (a) in the Commissioner’s capacity as Registrar of the Australian Business Register; and (b) if the Commissioner is appointed as the Registrar under section 6 of the Commonwealth Registers Act 2020 —in the Commissioner’s capacity as that Registrar; and (c) if the Commissioner is appointed as the Registrar under section 130R of the Foreign Acquisitions and Takeovers Act 1975 —in the Commissioner’s capacity as that Registrar. Note: Subsection 1270(3) of the Corporations Act 2001 has a similar operation if the Commissioner is appointed as Registrar under section 1270 of that Act. (7) While a person is acting in an office of Second Commissioner of Taxation, the person has and may exercise all the powers, and shall perform all the functions, of the Second Commissioner under this Act or any other law. 6C Suspension and removal from office of Commissioner or Second Commissioner (1) The Governor ‑ General may remove the Commissioner or a Second Commissioner from office on an address praying for the removal of the Commissioner or the Second Commissioner, as the case may be, on the ground of proved misbehaviour or physical or mental incapacity being presented to the Governor ‑ General by each House of the Parliament in the same session of the Parliament. (2) The Governor ‑ General may suspend the Commissioner or a Second Commissioner from office on the ground of misbehaviour or physical or mental incapacity. (3) Where the Governor ‑ General suspends the Commissioner or a Second Commissioner, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension. (4) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement was laid before that House, an address under subsection (1) has not been presented to the Governor ‑ General by each House of the Parliament, the suspension terminates. (5) The suspension of the Commissioner or a Second Commissioner from office under this section does not affect any entitlement of the Commissioner or Second Commissioner, as the case may be, to be paid remuneration and allowances. (6) If: (a) the Commissioner or a Second Commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; (b) the Commissioner or a Second Commissioner engages, except with the approval of the Minister, in paid employment outside the duties of the office of Commissioner or Second Commissioner, as the case may be; or (c) the Commissioner or a Second Commissioner is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; the Governor ‑ General shall remove the Commissioner or Second Commissioner, as the case may be, from office. (7) The Governor ‑ General may, with the consent of the Commissioner or a Second Commissioner, retire the Commissioner or Second Commissioner, as the case may be, from office on the ground of physical or mental incapacity. (8) The Commissioner or a Second Commissioner shall not be suspended, removed or retired from office except as provided by this section. 6D Powers of Second Commissioner (1) Subject to subsection (2) and to the regulations, a Second Commissioner has all the powers, and may perform all the functions, of the Commissioner under a taxation law. (2) Subsection (1) does not apply in relation to: (a) section 8 of this Act; or (b) a provision of a taxation law that: (i) provides that the Commissioner has the general administration of the taxation law; or (ii) requires the Commissioner to furnish to the Minister a report on the working of the taxation law during any period. (3) When a power or function of the Commissioner under a taxation law is exercised or performed by a Second Commissioner, the power or function shall, for the purposes of the taxation law, be deemed to have been exercised or performed by the Commissioner. (4) The exercise of a power, or the performance of a function, of the Commissioner under a taxation law by a Second Commissioner does not prevent the exercise of the power, or the performance of the function, by the Commissioner. 7 Deputy Commissioners of Taxation There shall be such Deputy Commissioners of Taxation as are required. 8 Delegation (1) The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Commissioner, delegate to a Deputy Commissioner or any other person all or any of the Commissioner’s powers or functions under a taxation law or any other law of the Commonwealth or a Territory, other than this power of delegation. (1A) For the purposes of this section, the Commissioner’s powers and functions include powers and functions given to the Commissioner in his or her capacity as Registrar of the Australian Business Register. (2) Subject to subsection (5), a power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of the taxation law or the other law, as the case may be, be deemed to have been exercised or performed by the Commissioner. (4) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Commissioner. (5) A delegation under this section may be made subject to a power of review and alteration by the Commissioner, within a period specified in the instrument of delegation, of acts done in pursuance of the delegation. (6) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of Commissioner, but, for the purposes of the application of subsection 33(3) of the Acts Interpretation Act 1901 to a delegation under this section, nothing in any law shall be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of that office. 8AAA Overview This Part explains how to work out the general interest charge on an amount. Usually, a person is liable to pay the charge if an amount that the person must pay to the Commissioner is not paid on time. But there are also other circumstances in which a person can be liable. A person is only liable to pay the charge if a provision of an Act makes the person liable. 8AAB When the general interest charge applies (1) There are certain provisions of this Act and other Acts that make persons liable to pay the general interest charge. Subsection (4) lists the provisions. (2) A person is only liable to pay the charge on an amount if a provision specifies that the person is liable to pay the charge on the amount. (3) The charge does not apply to the Commonwealth or an authority of the Commonwealth. (4) The following table is an index of the laws that deal with liability to the charge. Liability to general interest charge Item Column 1 Section Column 2 Act Column 3 Topic 1 162 ‑ 100 A New Tax System (Goods and Services Tax) Act 1999 payment of GST instalments 2 168 ‑ 10 A New Tax System (Goods and Services Tax) Act 1999 supplies later found to be GST ‑ free supplies 3 25 ‑ 10 A New Tax System (Wine Equalisation Tax) Act 1999 purchases later found to be GST free supplies 3A 175 ‑ 65 Australian Charities and Not ‑ for ‑ profits Commission Act 2012 payment of administrative penalty 3B 67 Excise Act 1901 payment of excise duty for tobacco goods 5 93 Fringe Benefits Tax Assessment Act 1986 payment of fringe benefits tax 6 112B Fringe Benefits Tax Assessment Act 1986 payment of fringe benefits tax instalments 7 102UP Income Tax Assessment Act 1936 payment of trustee beneficiary non ‑ disclosure tax 8 128C Income Tax Assessment Act 1936 payment of withholding tax 9 former section 163AA Income Tax Assessment Act 1936 returns by instalment taxpayers 10 former section 163B Income Tax Assessment Act 1936 returns by persons other than instalment taxpayers 10A 172A Income Tax Assessment Act 1936 repayments of excessive tax offset refunds or shortfall interest charge 11 271 ‑ 80 in Schedule 2F Income Tax Assessment Act 1936 payment of family trust distribution tax 12 5 ‑ 15 Income Tax Assessment Act 1997 unpaid income tax or shortfall interest charge 12A 44 ‑ 50 Income Tax Assessment Act 1997 payment of assessed build to rent development misuse tax 13 197 ‑ 75 Income Tax Assessment Act 1997 payment of untainting tax 14 214 ‑ 155 Income Tax Assessment Act 1997 payment of franking tax by a corporate tax entity 15 292 ‑ 390 Income Tax Assessment Act 1997 payment of excess non ‑ concessional contributions tax or shortfall interest charge 15A 293 ‑ 75 Income Tax Assessment Act 1997 payment of Division 293 tax or shortfall interest charge 15B 294 ‑ 250 Income Tax Assessment Act 1997 payment of excess transfer balance tax 16 296 ‑ 215 Income Tax Assessment Act 1997 payment of Division 296 tax or shortfall interest charge 16A 418 ‑ 170 Income Tax Assessment Act 1997 payment of excess exploration credit tax or shortfall interest charge 17 721 ‑ 30 Income Tax Assessment Act 1997 liability of members of consolidated groups 18 840 ‑ 810 Income Tax Assessment Act 1997 payment of managed investment trust withholding tax 18A 840 ‑ 910 Income Tax Assessment Act 1997 payment of labour mobility program withholding tax 19 214 ‑ 105 Income Tax (Transitional Provisions) Act 1997 payment of franking deficit tax 19A 10 Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020 wrong payment or overpayment of a cash flow boost 19B 10 Coronavirus Economic Response Package (Payments and Benefits) Act 2020 wrong payment or overpayment of a Coronavirus economic response payment 20 85 Petroleum Resource Rent Tax Assessment Act 1987 payment of petroleum resource rent tax, shortfall interest charge or instalment transfer interest charge 20A 282 ‑ 19 Private Health Insurance Act 2007 repayment of private health insurance premium reduction or refund 21 35 Product Grants and Benefits Administration Act 2000 payment of a designated scheme debt 22 21 Superannuation Contributions Tax (Assessment and Collection) Act 1997 increase in liability to pay superannuation contributions surcharge because of amendment of assessment 23 22 Superannuation Contributions Tax (Assessment and Collection) Act 1997 liability to pay superannuation contributions surcharge because of new assessment 24 25 Superannuation Contributions Tax (Assessment and Collection) Act 1997 payment of superannuation contributions surcharge or advance instalment 25 18 Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 increase in liability to pay superannuation contributions surcharge because of amendment of assessment 26 21 Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 payment of superannuation contributions surcharge 27 25 Superannuation (Government Co ‑ contribution for Low Income Earners) Act 2003 repayments or underpayments of Government co ‑ contributions that cannot be credited to an account 27A 115Q Paid Parental Leave Act 2010 repayments of PPL superannuation contributions or underpaid amounts that cannot be credited to an account 28 49 Superannuation Guarantee (Administration) Act 1992 payment of superannuation guarantee charge 29 15DC Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 payment of superannuation (self managed superannuation funds) supervisory levy 30 17A Superannuation (Unclaimed Money and Lost Members) Act 1999 payment of unclaimed money 31 18C Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner’s payment that cannot be credited to an account 32 20F Superannuation (Unclaimed Money and Lost Members) Act 1999 payment of unclaimed superannuation of former temporary residents 33 20M Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner’s payment for former temporary resident that cannot be credited to an account 33A 20QE Superannuation (Unclaimed Money and Lost Members) Act 1999 payment in respect of inactive low ‑ balance accounts 33B 20QL Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner’s payment in respect of inactive low ‑ balance accounts that cannot be credited to an account 33C 21D Superannuation (Unclaimed Money and Lost Members) Act 1999 payment in respect of eligible rollover fund accounts 33D 21H Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner’s payment in respect of eligible rollover fund accounts that cannot be credited to an account 33E 22F Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner’s payment in respect of payments that cannot be credited to an account 34 24F Superannuation (Unclaimed Money and Lost Members) Act 1999 payment in respect of lost member accounts 35 24L Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner’s payment for former lost member that cannot be credited to an account 35A 24NB Superannuation (Unclaimed Money and Lost Members) Act 1999 repayment of Commissioner’s payment for inactive low ‑ balance accounts that cannot be credited to an active account 36 8AAZF Taxation Administration Act 1953 RBA deficit debts 37 8AAZN Taxation Administration Act 1953 overpayments made by the Commissioner 38 16 ‑ 80 in Schedule 1 Taxation Administration Act 1953 payment of PAYG withholding amounts 38A 18 ‑ 150 in Schedule 1 Taxation Administration Act 1953 PAYG withholding non ‑ compliance tax 39 45 ‑ 80 in Schedule 1 Taxation Administration Act 1953 payment of PAYG instalments 40 45 ‑ 230 in Schedule 1 Taxation Administration Act 1953 shortfall in quarterly PAYG instalments worked out on the basis of a varied rate 41 45 ‑ 232 in Schedule 1 Taxation Administration Act 1953 shortfall in quarterly PAYG instalments worked out on the basis of estimated benchmark tax 42 45 ‑ 235 in Schedule 1 Taxation Administration Act 1953 shortfall in annual PAYG instalments 43 45 ‑ 600 and 45 ‑ 620 in Schedule 1 Taxation Administration Act 1953 tax benefits relating to PAYG instalments 44 45 ‑ 870 and 45 ‑ 875 in Schedule 1 Taxation Administration Act 1953 head company’s liability on shortfall in quarterly PAYG instalments 45 105 ‑ 80 in Schedule 1 Taxation Administration Act 1953 payment of a net fuel amount or an amount of indirect tax 45A 115 ‑ 10 in Schedule 1 Taxation Administration Act 1953 payment of major bank levy 45B 125 ‑ 10 in Schedule 1 Taxation Administration Act 1953 payment of Laminaria and Corallina decommissioning levy or shortfall interest charge 45BA 127 ‑ 70 in Schedule 1 Taxation Administration Act 1953 payment of Australian IIR/UTPR tax or shortfall interest charge 45BB 127 ‑ 70 in Schedule 1 Taxation Administration Act 1953 payment of Australian DMT tax or shortfall interest charge 45BC 129 ‑ 10 in Schedule 1 Taxation Administration Act 1953 payment of news media bargaining charge or shortfall interest charge 45C 133 ‑ 115 in Schedule 1 Taxation Administration Act 1953 payment of debt account discharge liability 45D 134 ‑ 115 in Schedule 1 Taxation Administration Act 1953 payment of Division 296 debt account discharge liability 46 263 ‑ 30 in Schedule 1 Taxation Administration Act 1953 payment of a foreign revenue claim 47 268 ‑ 75 in Schedule 1 Taxation Administration Act 1953 late payment of estimate 48 298 ‑ 25 in Schedule 1 Taxation Administration Act 1953 payment of administrative penalty 8AAC Amount of the general interest charge (1) The general interest charge for a day is worked out in accordance with this section. (2) If the charge is payable under section 8AAZF on the RBA deficit at the end of that day, then the charge is worked out by multiplying the general interest charge rate for that day by the RBA deficit at the end of that day. (2A) If the charge is payable under Division 296 of the Income Tax Assessment Act 1997 on an amount that remains unpaid, then the charge is worked out by multiplying the Division 296 general interest charge rate for that day by the sum of so much of the following amounts as remains unpaid: (a) the charge from previous days; (b) the original unpaid amount. (3) If the charge is not payable under section 8AAZF of this Act or Division 296 of the Income Tax Assessment Act 1997 , but applies to an amount that remains unpaid (the original unpaid amount ), then the charge is worked out by multiplying the general interest charge rate for that day by the sum of so much of the following amounts as remains unpaid: (a) the charge from previous days; (b) the original unpaid amount. (4) If the charge applies to an amount that is specified in the provision that imposes the charge, but none of subsections (2), (2A) and (3) apply, then the charge is worked out by multiplying the general interest charge rate for that day by the sum of the following amounts: (a) so much of the charge from previous days as remains unpaid; (b) the specified amount. 8AAD What is the general interest charge rate? (1) The general interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year. (1A) The Division 296 general interest charge rate for a day is the rate worked out by: (a) adding 3 percentage points to the base interest rate for that day; and (b) dividing that total by the number of days in the calendar year. (2) The base interest rate for a day depends on which quarter of the year the day is in. For each day in a quarter in the second column of the table, it is the monthly average yield of 90 ‑ day Bank Accepted Bills published by the Reserve Bank of Australia for the month in the third column of the table. Base interest rate Item For days in this quarter... the monthly average yield of 90 ‑ day Bank Accepted Bills for this month applies... 1 1 January to 31 March the preceding November 2 1 April to 30 June the preceding February 3 1 July to 30 September the preceding May 4 1 October to 31 December the preceding August (3) If the monthly average yield of 90 ‑ day Bank Accepted Bills for a particular month in the third column of the table in subsection (2) is not published by the Reserve Bank of Australia before the beginning of the relevant quarter, assume that it is the same as the last monthly average yield of 90 ‑ day Bank Accepted Bills published by the Reserve Bank of Australia before that month. (4) The base interest rate must be rounded to the second decimal place (rounding .005 upwards). 8AAE When the charge is due and payable The general interest charge for a day is due and payable to the Commissioner at the end of that day. Note: For provisions about collection and recovery of the charge, see Part 4 ‑ 15 in Schedule 1. 8AAF Notification by Commissioner (1) The Commissioner may give notice to a person liable to pay the charge of the amount of the charge for a particular day or days. (4) A notice given to a person by the Commissioner under this section is prima facie evidence of the matters stated in the notice. 8AAG Remission of the charge (1) The Commissioner may remit all or a part of the charge payable by a person. (2) However, if a person is liable to pay the charge because an amount remains unpaid after the time by which it is due to be paid, the Commissioner may only remit all or a part of the charge in the circumstances set out in subsection (3), (4) or (5). (3) The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that: (a) the circumstances that contributed to the delay in payment were not due to, or caused directly or indirectly by, an act or omission of the person; and (b) the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances. (4) The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that: (a) the circumstances that contributed to the delay in payment were due to, or caused directly or indirectly by, an act or omission of the person; and (b) the person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and (c) having regard to the nature of those circumstances, it would be fair and reasonable to remit all or a part of the charge. (5) The Commissioner may remit all or a part of the charge referred to in subsection (2) if the Commissioner is satisfied that: (a) there are special circumstances because of which it would be fair and reasonable to remit all or a part of the charge; or (b) it is otherwise appropriate to do so. 8AAGA Rounding of the charge If the amount of the charge payable for any period is not a multiple of 5 cents, the Commissioner may round it down to the nearest multiple of 5 cents. 8AAH Judgment for payment of an unpaid amount (1) This section applies if judgment is given by, or entered in, a court for the payment of: (a) all or a part of an amount in respect of which a person is, or was, liable to pay the charge because the amount remains unpaid after the time by which it is due to be paid; or (b) an amount that includes all or a part of the unpaid amount. (2) The consequences of judgment being given or entered are: (a) the unpaid amount is not taken, for the purposes of a provision that makes, or would make, the person liable to pay the charge on the unpaid amount, to have ceased to be due and payable by reason only of the giving or entering of the judgment; and (b) if the judgment debt carries interest, the amount of the charge that the person would, if not for this paragraph, be liable to pay on the unpaid amount is reduced by: (i) in a case to which paragraph (1)(a) applies—the amount of the interest; or (ii) in a case to which paragraph (1)(b) applies—the amount worked out using the formula: 8AAZA Definitions In this Part, unless the contrary intention appears: company includes any body or association (whether or not it is incorporated), but does not include a partnership or a non ‑ entity joint venture. compulsory AASL repayment amount has the same meaning as in the Australian Apprenticeship Support Loans Act 2014 . compulsory ABSTUDY SSL repayment amount has the same meaning as in the Student Assistance Act 1973 . compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003 . compulsory SSL repayment amount has the same meaning as in Chapter 2AA of the Social Security Act 1991 . compulsory VETSL repayment amount has the same meaning as