Document ID: chunk:federal_register_of_legislation:C2006C00470:clause:2_1:p1
Version: federal_register_of_legislation:C2006C00470
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 1/4)
Character Range: 44526–47300

1  Division 360 in Schedule 1
Repeal the Division, substitute:

Division 357—Object and common rules

Table of Subdivisions

 Guide to Division 357
357‑A Object of this Part
357‑B Common rules for rulings

Guide to Division 357

357‑1  What this Division is about

      This Division sets out the object of this Part, and common rules that apply to public, private and oral rulings. (For the rules specific to each of those kinds of ruling, see Divisions 358, 359 and 360.)
      A ruling is an expression of the Commissioner's opinion of the way in which a relevant provision applies, or would apply, to you.
      A ruling binds the Commissioner if it applies to you and you act in accordance with it. If you do act in accordance with it and the law turns out to be less favourable to you than the ruling provides, you are protected by the ruling from any adverse consequences.
      The Division also sets out some other general rules for rulings.

Subdivision 357‑A—Object of this Part

Table of sections

357‑5 Object of this Part

357‑5  Object of this Part

 (1) The object of this Part is to provide a way for you to find out the Commissioner's view about how certain laws administered by the Commissioner apply to you so that the risks to you of uncertainty when you are self assessing or working out your tax obligations or entitlements are reduced.

 (2) This object is achieved by:
 (a) making advice in the form of rulings by the Commissioner available on a wide range of matters and to many taxpayers; and
 (b) ensuring that the Commissioner provides rulings in a timely manner; and
 (c) enabling the Commissioner to obtain, and make rulings based on, relevant information; and
 (d) protecting you from increases in tax and from penalties and interest where you rely on rulings; and
 (e) protecting you from decreases in entitlements where you rely on rulings; and
 (f) limiting the ways the Commissioner can alter rulings to your detriment; and
 (g) giving you protection from interest charges where you rely on other advice from the Commissioner, or on the Commissioner's general administrative practice.

Subdivision 357‑B—Common rules for rulings

Table of sections

Rules for all rulings

357‑50 Scope of Division
357‑55 The provisions that are relevant for rulings
357‑60 When rulings are binding on the Commissioner
357‑65 Stopping relying on a ruling
357‑70 Commissioner may apply the law if more favourable than the ruling
357‑75 Inconsistent rulings
357‑80 Contracts for schemes
357‑85 Effect on ruling if relevant provision re‑enacted
357‑90 Validity of ruling not affected by formal defect

Common rules for public and private rulings

357‑95 Electronic communications
357‑100 Evidence

Common rules for private and oral rulings

357‑105