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On 30 October 2012, Tax Laws Amendment (2012 Measures No 5) Bill 2012 was passed by the House of Representatives with 3 Government amendments.

The Supplementary Explanatory Memorandum explains that:

  • Amendment 1 omits Clause 2 of the Bill and substitutes another clause. Clause 2 contains the commencement provisions. As a consequence of the omission of Schedules 3 and 4 of the Bill their respective commencement provisions are omitted. The remaining schedules will all commence on the day the Act receives Royal Assent.
  • Amendment 2 omits Schedule 3, which provides for a compliance regime for gaseous fuels subject to excise.
  • Amendment 3 omits Schedule 4, which deals with exempting certain blending of fuels from the scope of excise manufacture.

The Bill amends:

  • ITAA 1997 to expand the application of the conservation tillage refundable tax offset by providing that an eligible no-till seeder can comprise just the tool, or the combination of the cart and the tool; phase out the mature age worker tax offset from 1 July 2012 for taxpayers born on or after 1 July 1957; and include The Diamond Jubilee Trust Australia in the list of deductible gift recipients;
  • Excise Act 1901 to apply record keeping obligations, access powers and extended penalty provisions to all gaseous fuels; enable the recovery of unpaid duty applying to gaseous fuels subject to remission or exemption and used for transport purposes; and clarify the tax treatment of gaseous fuels used in forklifts;
  • Excise Act 1901 and Excise Tariff Act 1921 to clarify that gaseous fuel not directly used in fuel manufacture is subject to duty;
  • Excise Act 1901, Fuel Tax Act 2006 and Taxation Administration Act 1953 to make amendments consequential on the gaseous fuel provisions; and
  • A New Tax System (Wine Equalisation Tax) Act 1999 to provide that a wine producer will not be entitled to the wine equalisation tax producer rebate on other wine they use in manufacture, except where the producer of the other wine notifies the subsequent producer; and make technical amendments.

The Bill now proceeds to the Senate.


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