Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p2
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/9)
Character Range: 1712021–1714940

does not apply in relation to a ruling under this Division; and
 (b) sections 357‑70, 357‑85 and 357‑95 apply, in relation to a ruling under this Division, to *Industry Innovation and Science Australia in the same way they apply to the Commissioner; and
 (c) section 357‑100 applies:
 (i) in relation to a ruling under this Division as if a document referred to in paragraph 357‑100(b) were required to be signed by a member of Industry Innovation and Science Australia, and not by a person referred to in that paragraph; and
 (ii) in relation to a *private ruling under this Division in the same way it applies to a *public ruling; and
 (d) sections 357‑105 to 357‑125 apply in relation to a ruling under this Division as if references in those sections to the Commissioner were references to Industry Innovation and Science Australia.

362‑75  Application of Divisions 358 and 359
 (1) Division 358 does not apply in relation to a *public ruling under this Division, or in relation to the making of such a ruling.
 (2) Division 359 does not apply in relation to a *private ruling under this Division, or in relation to the making of such a ruling.

Part 5‑10—Commissioner's remedial power

Division 370—Commissioner's remedial power

Table of Subdivisions
 Guide to Division 370
370‑A Commissioner's remedial power

Guide to Division 370

370‑1  What this Division is about

      The Commissioner may determine a modification of the operation of a provision of a taxation law. The modification must not be inconsistent with the intended purpose or object of the provision. Furthermore:
             (a) the Commissioner must consider the modification to be reasonable; and
             (b) the Department, or the Finance Department, must advise that any impact of the modification on the Commonwealth budget would be negligible.
          Example: After a provision of a taxation law is enacted, it is found that, because of developments in the practices of businesses or the Commissioner, the provision imposes disproportionate compliance costs on taxpayers. The Commissioner might, under this Division, be able to modify the operation of the provision to give timely relief.
      An entity must not apply a modification if it would produce a less favourable result for the entity.
          Note: The Commissioner must include in the Commissioner's annual report under section 3B of this Act information about the exercise of his or her powers under this Division.

Subdivision 370‑A—Commissioner's remedial power

Table of sections
370‑5 Commissioner's remedial power
370‑10 Intended purpose or object
370‑15 Repeal of determinations
370‑20 Commencement of determinations

370‑5  Commissioner's remedial power
 (1) The Commissioner may, by legislative instrument, determine a modification of the operation of a provision of a *taxation law if:
 (a) the modification is not inconsistent with the intended purpose