Document ID: chunk:federal_register_of_legislation:C2023A00040:clause:3_20:p1
Version: federal_register_of_legislation:C2023A00040
Segment Type: clause
Provision Reference: sch 3 cl 20 (pt 1/3)
Character Range: 28346–31125

20  Transitional

Declared developing countries
(1) Subitem (2) applies if, immediately before the commencement of this Part:
 (a) a country is declared by the Foreign Affairs Minister to be a developing country under subparagraph 30‑85(2)(b)(ii) of the Income Tax Assessment Act 1997; and
 (b) that declaration is in force.
(2) On and after the commencement of this Part, treat the country as being specified as a developing country in a declaration made under subsection 30‑85(2) of that Act (as amended by this Part), unless or until the Foreign Affairs Minister makes a declaration under that subsection.

Approved organisations with DGR endorsement
(3) Subitem (4) applies if, immediately before the commencement of this Part:
 (a) a public fund is declared to be a developing country relief fund under subsection 30‑85(2) of the Income Tax Assessment Act 1997, and that declaration is in force; and
 (b) the public fund has been established by an organisation declared by the Foreign Affairs Minister to be an approved organisation under paragraph 30‑85(2)(a) of that Act, and that declaration is in force; and
 (c) the organisation 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.
(4) On and after the commencement of this Part, treat the public fund as having the principal purpose set out in item 9.1.1 of the table in subsection 30‑80(1) of the Income Tax Assessment Act 1997, unless or until there is a change to the principal purpose of the public fund.

Approved organisations seeking DGR endorsement
(5) Subitem (6) applies if, immediately before the commencement of this Part:
 (a) a public fund is declared to be a developing country relief fund under subsection 30‑85(2) of the Income Tax Assessment Act 1997, and that declaration is in force; and
 (b) the public fund has been established by an organisation declared by the Foreign Affairs Minister to be an approved organisation under paragraph 30‑85(2)(a) of that Act, and that declaration is in force; and
 (c) the organisation 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
 (d) the organisation is an institution or Australian government agency that would be covered by item 9.1.1 of the table in subsection 30‑80(1) of that Act (assuming the amendments made by this Part had commenced); and
 (e) the Commissioner has not given the applicant written notice that the Commissioner endorses or refuses to endorse