Document ID: chunk:federal_register_of_legislation:C2023A00040:clause:3_16:p1
Version: federal_register_of_legislation:C2023A00040
Segment Type: clause
Provision Reference: sch 3 cl 16 (pt 1/2)
Character Range: 23202–25962

16  Transitional

Cultural organisations with DGR endorsement
(1) Subitem (2) applies if, immediately before the commencement of this Part:
 (a) an entity and the public fund it maintains are on the register of cultural organisations mentioned in section 30‑295 of the Income Tax Assessment Act 1997; and
 (b) the entity is endorsed as a deductible gift recipient for the operation of a fund, authority or institution under paragraph 30‑120(b) of that Act in respect of the operation of the public fund.
(2) On and after the commencement of this Part:
 (a) treat the entity as being endorsed as a deductible gift recipient under paragraph 30‑120(a) of the Income Tax Assessment Act 1997 based on item 12.1.1 of the table in subsection 30‑100(1) of that Act; and
 (b) treat the public fund as being the entity's gift fund mentioned in section 30‑130 of that Act, unless or until the entity establishes a replacement gift fund.

Cultural organisations seeking DGR endorsement
(3) Subitem (4) applies if, immediately before the commencement of this Part:
 (a) an entity and the public fund it maintains are on the register of cultural organisations mentioned in section 30‑295 of the Income Tax Assessment Act 1997; and
 (b) the entity has applied under subsection 426‑15(1) in Schedule 1 to the Taxation Administration Act 1953 for endorsement as a deductible gift recipient for the operation of a fund, authority or institution under paragraph 30‑120(b) of the Income Tax Assessment Act 1997 in respect of the operation of the public fund; and
 (c) the Commissioner has not given the applicant written notice that the Commissioner endorses or refuses to endorse the applicant.
(4) On and after the commencement of this Part:
 (a) treat the application as an application for endorsement as a deductible gift recipient under paragraph 30‑120(a) of the Income Tax Assessment Act 1997 based on item 12.1.1 of the table in subsection 30‑100(1) of that Act; and
 (b) treat the public fund as being the entity's gift fund mentioned in section 30‑130 of that Act, unless or until the entity establishes a replacement gift fund.

Entities seeking entry on the register of cultural organisations
(5) Subitem (6) applies if, immediately before the commencement of this Part:
 (a) an entity has submitted a request (however described) to the department administered by the Arts Minister seeking to be entered on the register of cultural organisations mentioned in section 30‑295 of the Income Tax Assessment Act 1997; and
 (b) the entity has not been notified by the department of the outcome of the request.
(6) On and after the commencement of this Part:
 (a) treat the request as an application under subsection 426‑15(1) in Schedule 1 to the Taxation Administration Act