Document ID: chunk:federal_register_of_legislation:F2022C00302:clause:1_4
Version: federal_register_of_legislation:F2022C00302
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 12121–16562

4     subsection 62(1) of the Act     the Treasurer may vary or revoke an exemption certificate if satisfied that the variation or revocation is not contrary to the national interest                                                                                                   the Commissioner may only exercise the function or power if both of the following are satisfied:                                                                                            if the Commissioner subdelegates the function or power under subsection 137(4) of the Act to an employee in the Australian Taxation Office, the subdelegate is not to exercise the function or power unless the subdelegate is:
                                                                                                                                                                                                                                                                                         (a) the exemption certificate relates to actions to acquire interests in residential land; and                                                                                              (a) an SES employee; or
                                                                                                                                                                                                                                                                                         (b) the application for the exemption certificate was not made under section 58 of the Act (about exemption certificates for foreign persons)                                               (b) an EL2 employee; or
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (c) an EL1 employee;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (d) an APS6 employee where all of the following are satisfied:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (i) the exercise of the function or power relates to residential land with a value of $4 million or less; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (ii) the exercise of the function or power does not relate to a person acquiring an interest in an established dwelling for redevelopment; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (iii) the exercise of the function or power is to vary an exemption certificate